DOMESTIC BATTERY - FINDING OF NOT GUILTY AFTER TRIAL
People v. EL -
Chicago and Cook County
Domestic Battery lawyer, James Dimeas's client was charged with a Domestic Battery
at the Bridgeview Courthouse in Cook County
. James Dimeas's client had been in a dating relationship with the Complaining Witness, which ended several months earlier. Since breaking up, the client and the Complaining Witness had several consensual sexual encounters. On the day in question, the Complaining Witness contacted the client to arrange another sexual encounter after work. The Complaining Witness arrived at the client's condo and let herself in. The client and the Complaining Witness watched television for several minutes and then began kissing. The kissing led to consensual sexual relations on the coach which was terminated after a few minutes at the request of the Complaining Witness. After a few minutes, the Complaining Witness stood up to leave. The client attempted to grab her so they could continue their sexual relations in the bedroom. The Complaining Witness refused and broke free from the client. The client once again attempted to lead the Complaining Witness into the bedroom and the Complaining Witness broke free from the client's arms and ran to the bathroom. When the Complaining Witness entered the bathroom, she locked the door, put her clothes on and left the condo. At no time did the client attempt to stop her from leaving the condo. The Complaining Witness testified that she called her Therapist when she entered her car, went home, told her mother what happened, called her neighbor, who was a retired police officer, and went to the local Police Department to report that she had been the victim of a Domestic Battery. The police issued an arrest warrant for the client. The client was arrested several days later and taken to jail. The client spent two days in jail until the Bond was posted by his friend.
The Complaining Witness appeared at all the Court dates in Bridgeview with her mother and father. The Complaining witness changed her Facebook profile to suggest that she was a victim of Domestic Violence. The prosecution did not even want to talk to James Dimeas about the Domestic Battery even though the client had no criminal record.
The case proceeded to a bench trial. On direct examination, the Complaining Witness testified that she was an unwilling participant in the sexual encounter and that the client had been the aggressor. However, when the Complaining Witness went to the Police Station she gave a very thorough and detailed description of the sexual encounter to a police officer who wrote down everything that she told the officer about the sexual encounter. What she told the police officer differed from her testimony on direct examination. On cross examination, James Dimeas stood in front of the Complaining Witness, holding the police report, and went over the statements she had made to the police officer about the night of this incident. The Complaining Witness knew that the police officer was standing outside the courtroom, waiting to be called to testify to verify that what was in his police report was what she had told him. She was forced to admit that what she told the police officer the night of the incident differed from her testimony on direct examination.
The only testimony at trial was from the Complaining Witness. The defendant did not testify, nor did the police officer. At the end of the trial, the Judge found the client NOT GUILTY
of the Domestic Battery
charges and agreed with James Dimeas's argument that this was nothing more than a consensual sexual encounter and that no harmful or offensive contact occurred to justify a finding that the client had committed a Domestic Battery.
Chicago Domestic Battery lawyer, James Dimeas, has been handling Domestic Battery cases throughout Chicago
, Cook County
, DuPage County Kane County
, and Lake County
for over-29 years. James Dimeas is a nationally-recognized, award-winning Domestic Battery attorney. The National Trial Lawyers named James Dimeas a "Top 100 Criminal Defense Trial Lawyer." Expertise named James Dimeas a "Best Criminal Defense Lawyer in Chicago", and James Dimeas was named a "Best DUI Attorney." The National Academy of Criminal Defense Attorneys awarded James Dimeas the "Top 10 Attorney Award for the State of Illinois."
The American Institute of Legal Advocates named James Dimeas a "10 Best Attorney for Client Satisfaction." Recently, the American Society of Legal Advocates named James Dimeas a "Top 100 Criminal Defense Lawyer In the State of Illinois For the Year 2018, 2019, 2020, and 2021." Attorney and Practice Magazine gave James Dimeas the "Top 10 Criminal Defense Attorney Award for Illinois," and the award for "DUI Defense Top 10." The National Academy of Criminal Defense Attorneys gave James Dimeas the "Top 10 Attorney Award for the State of Illinois." AVVO rates James Dimeas as "Superb," 10 out of 10, the highest rating possible for any Domestic Battery lawyer in the United States.
If you are being charged with a Domestic Battery, you can contact
James Dimeas for a free and confidential consultation. You can always talk to James Dimeas personally
by calling 847-807-7405