This is the next article in my series on the handling of cases in our area which involve the assault of a minor. My last article discussed Illinois’ penalties for assaulting a minor under the age of thirteen. It is important to understand that one may also face additional charges beyond the assault itself. Prosecutors pursue such matters aggressively and it is important that you have effective representation. In this article I will discuss defending against charges which stem from false allegations. If you are in need of assistance then contact my office today to speak with a Peoria criminal defense lawyer.
Charges of assault on a minor are sometimes based on false allegations
It is, unfortunately, not uncommon for charges of assaulting a minor to be based on false allegations. This is especially true in situations which involve child custody proceedings or a divorce. In such instances, a party may attempt to claim that their significant other engaged in child abuse or assault out of a belief that it will give them an advantage in a family law case. These tend to be situations which do not involve medical records or a trip to the hospital. Sadly, children sometimes tend to “go along” with the false claim due to parental coaching. Also, there are situations in which a child may simply “make up” allegations about an adult out of anger over some particular issue.
Prosecutors will sometimes “screen off” cases which lack sufficient evidence to proceed with a prosecution. This means that they will elect not to file charges. There are times, however, in which prosecutors may wish to proceed with such matters. In these types of cases it is important to gather evidence showing that the claims are false. Such evidence can include phone records, text messages, emails, social media posts, and other correspondence. Also, there are times when some form of evidence may directly disprove the claims. Examples of this can include work records showing that one was at their place of employment when the alleged assault is claimed to have occurred. The type of evidence to present in any given matter will always depend on the specifics of the situation.
An important point to make is that one should understand the gravity of the situation if they have been charged with a crime. Sometimes, when individuals face charges which are based on false allegations, they tend to believe that they can simply “explain the matter to the judge.” It is understandable why one may see the situation as “ridiculous.” It must be remembered, however, that prosecutors are taking the matter seriously, otherwise charges would not have been filed. Once charges are filed then retaining an experienced lawyer is one of the first steps one should take towards protecting their rights.
Retain a Peoria defense lawyer immediately if you are charged with a crime
If you have been charged with a crime then it is important that you retain an attorney as soon as possible. Counsel will review all of the available evidence and will determine the best path forward. Cases based on false allegations can typically only be dismissed through an agreement with the prosecution or at trial. If counsel presents sufficient evidence to the prosecution, then they may not wish to proceed in such matters. If the matter does go forward then your rights must be protected before the jury.
I am a Peoria, Illinois criminal defense lawyer who is able to assist with charges of assaulting a minor. I understand the gravity of the situation and my firm will give your case the attention it deserves. If you are in need of assistance then contact my office today to schedule an initial consultation. We also serve clients in Bloomington, Decatur, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington and the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford. Additional areas where we handle federal cases include Benton, Chicago, East St. Louis, Springfield, and Urbana.