Domestic Battery - Cook County - Not Guilty
DOMESTIC BATTERY - FINDING OF NOT GUILTY AFTER TRIAL
People v. EL - Chicago Domestic Battery lawyer, James Dimeas's client was charged with a Domestic Battery at the Bridgeview Courthouse in Cook County. Mr. Dimeas's client had been in a dating relationship with the complaining witness, which had 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 by 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 she entered the bathroom, she locked the door, put her clothes on and left the condo. At no time did the client attempt to stop the complaining witness 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, and 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. He was arrested several days later and taken to jail. He spent roughly two days in jail until the bond was posted.
The complaining witness appeared at all the court dates in Bridgeview with her mother and father. She changed her Facebook profile to suggest that she was a victim of Domestic Violence. The prosecution did not even want to talk to Mr. Dimeas about the case 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 that differed from her testimony on direct examination. On cross examination, Mr. Dimeas stood in front of the complaining witness, holding the police report, and went over the statements she had made to the police officer 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. The complaining witness 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 Mr. 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 Cook County, DuPage County and Kane County for 25 years. James G. Dimeas is an award-winning criminal defense lawyer. 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 has been named a "Best DUI Attorney."
If you are being charged with a Domestic Battery, you can always contact James Dimeas for a free and confidential consultation. James Dimeas can always be reached at 847-807-7405.