Attorney James G. Dimeas
Call To Talk to a Highly Experienced Criminal Defense Lawyer

Domestic Battery in McHenry County-Not Guilty Verdict

Domestic Battery Charges in McHenry County. NOT GUILTY Verdict After Trial in McHenry County

People v. NG - McHenry County Domestic battery lawyer, James Dimeas, obtained a NOT GUILTY verdict for a client charged with a Domestic Battery against his sister at the McHenry County Courthouse in Woodstock, Illinois. The client had been convicted of a Domestic Battery in McHenry County against the same Complaining Witness four years earlier. Both the Complaining Witness and the defendant insisted that he was not guilty of Domestic Violence but the state took the matter to trial and the defendant won!

The client was charged with a Class A Misdemeanor for Domestic Battery in McHenry County. The client was facing a maximum punishment of up to one year in county jail and a fine up to $2,500. In pre-trial discussions with the prosecutor, the state indicated that if the client was convicted of the Domestic Battery, they would insist on a jail sentence because of the client’s criminal record. The client had plead guilty to a Domestic Battery in McHenry County in 2014. The 2014 Domestic Battery involved the same Complaining Witness, his sister. Since Court Supervision is not possible for a Domestic Battery, the 2014 guilty plea resulted in a sentence of Conditional Discharge which is a conviction that can never be expunged or sealed from a criminal record.

The client lived with his sister, and her infant son, in the family home in McHenry County. The Complaining Witness, the client's sister, was on Social Security Disability for several mental health and emotional issues. The client had been designated as the payee for his sister by the Social Security Administration. The client was in charge of the Complaining Witnesses finances. On the day in question, the defendant arrived home from work. His sister requested that he give her money to buy some food. The defendant refused to give her money because she was out of money for the month and they already had leftovers in the refrigerator. The Complaining Witness and the defendant got into a heated argument. The Complaining Witness began sending troubling text messages to her girlfriend. In those text messages, the Complaining Witness told her girlfriend that she had gotten into a heated argument with her brother and that her brother was beating her up. The Complaining Witness claimed, in the text messages, that her brother, the defendant, had pulled her hair and had punched her numerous times. The Complaining Witness sent her girlfriend one text message of a picture showing her bruised arm. In response to the text messages, the girlfriend messaged the Complaining Witness back advising her to leave the house and call the police. When the Complaining Witness told her girlfriend that she would not leave the house, her girlfriend went to the local police and reported the troubling text messages.

The police called the Complaining Witness and spoke to her about the text messages. The Complaining Witness insisted that she was lying in the text messages and that she sent them because she was angry at her brother and wanted her girlfriend to be on her side. The Complaining Witness insisted that her brother had not committed any acts of Domestic Violence and that she did not need any police assistance. In spite of that conversation, the police went to the Complaining Witnesses home and knocked on her door. The Complaining Witness exited the home and advise the police that her brother had left. This was not true. The Complaining Witness told her brother to stay inside and not talk to the police. The Complaining Witness insisted that the text messages were not true and that her brother had not punched her or hurt her in any way.

The police informed the Complaining Witness that they did not care what she had to say and that they were going to arrest her brother, the defendant, in spite of her insistence that nothing had happened. The Defendant heard the police officer tell the Complaining Witness that he was going to arrest the defendant in spite of what the Complaining Witness had told the police.

Two days later the police came back to the home and arrested the defendant and charged him with a Domestic Battery. When the police officer asked the Defendant to make a statement, the defendant refused and told the police officer that he heard the police officer tell his sister outside the home on the night of the incident that he didn't care what the defendant and the complaining witness had to say and that he was going to be arresting the defendant anyway.

Before trial, the state filed a motion asking that the court allow evidence of the 2014 Domestic Battery against the sister to be introduced into evidence in this case. The state claimed that the 2014 incident involved the same victim and started over an argument about money. The motion was fully briefed and argued before the Judge and the Court granted the state's motion and allowed evidence of the 2014 Domestic Battery to be introduced at trial.

At trial, the Complaining Witness testified that she had made up the text messages. She testified that her brother did not hit her and that the text messages were an attempt by her to get her girlfriend to support her. The Complaining Witness testified that she told the police that the text messages were false and called the prosecutor on two separate occasions to inform her that her brother had not committed a Domestic Battery and the Domestic Violence charges were unfounded.

The Complaining Witnesses girlfriend was called to testify. She testified that she believed the text messages were true and that she had received similar text messages from the Complaining Witness in the past. While she did not witness any crimes, she tried to make it seem like the defendant was a violent person and had been mistreating his sister for years.

The defendant testified that while he was arguing with his sister about money, he noticed that she was recording the argument with her cell phone. The defendant testified that he took his sister's cell phone from her and deleted all of the recordings. After he took her cell phone, he went into a small bathroom next to his bedroom and shut the door. The defendant testified that the Complaining Witness opened the bathroom door and battered him on his head. He testified that he grabbed her on both her upper arms, pushed her out the bathroom, and locked the bathroom door.

The state argued that the Complaining Witness was claiming that the text messages were false because she was afraid of her brother and scared to testify against him. The state pointed to the 2014 the McHenry County Domestic Battery case to argue that the defendant was a violent person and had been previously convicted of Domestic Violence against his sister. When I questioned the Complaining Witness and the defendant about the 2014 incident, I was able to show that in 2014, the Complaining Witness called the police. When the police arrived at the scene of the 2014 McHenry County Domestic Battery, the Complaining Witness cooperated with police and told them what happened. The Complaining Witness went to the police station in 2014 and gave a detailed written statement to the police. After the defendant was charged with the 2014 McHenry County Domestic Battery, the Complaining Witness obtained an Order of Protection. In 2014 the Complaining Witness went to court and followed through on the Domestic Battery prosecution of her brother. I argued that the 2014 Domestic Battery case showed that the state's theory that the Complaining Witness was lying to protect her brother or that she was scared of her brother was unfounded because the Complaining Witness had prosecuted her brother in the past.

After hearing all of the evidence and the arguments, the judge continued the case for a few weeks to consider what his decision would be. Eventually, the judge issued a written opinion finding the defendant NOT GUILTY of the domestic battery. I was able to take the previous Domestic Battery conviction and turn it around on the state and use it to weaken, and ultimately defeat their theory of the case. What the state thought would be a weapon to use against the defendant was used as a sword against them to win the case.

McHenry County Domestic Battery attorney, James Dimeas, has been handling Domestic Battery cases throughout Chicago, Cook County, DuPage County, Kane County, and Lake County for over 25 years. James Dimeas is a nationally-recognized, award-winning, Domestic Battery lawyer and published author. The National Trial Lawyers have named James Dimeas a "Top 100 Criminal Defense Trial Lawyer." 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." Expertise name James Dimeas a "Best Criminal Defense Lawyer in Chicago." James Dimeas has been named a "Best DUI Attorney." The American Institute of Criminal Law Attorneys have named James Dimeas a "10 Best Attorney for Client Satisfaction." AVVO rates James Dimeas as "Superb", 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 anytime for a free and confidential consultation. You can always talk to James Dimeas by calling him at 847-807-7405. Help is just a phone call away!
Client Reviews
★★★★★
I got into an argument with my ex-boyfriend. One thing led to another and when he came close to me I pushed him away. He called the police and when I spoke to the police I told them that I pushed him without realizing that you don't have to hit someone to be charged with a Domestic Battery. Being arrested was terrifying. I spoke to several attorneys who promised they would win the case and were charging a ridiculous amount of money. A friend referred me to James Dimeas. He was straightforward and honest with me and charged me a very reasonable and affordable fee. He got me into the Kane County Deferred Prosecution Program. I successfully completed the program and I just received paperwork in the mail that the case has been expunged and completely removed from my record. I highly recommend Jim Dimeas. He is an honest and straightforward lawyer that will look out for your best interests. E.A.
★★★★★
Had a DUI and hired a lawyer who lived in my building that I knew for years and trusted. Thought he was my friend. Paid him (more than I should have) and he handled my case for almost a year and totally screwed it up. I fired him and found out that he had given up his law license around the time I hired him. A friend recommended James to me and he took over my case and handled it the way it should have been handled from the beginning. I cannot stress how HIGHLY I recommend James Dimeas. I wish I would have hired him from day one. He answered all my calls and text messages and cleaned up a royal mess that had been created by the previous guy that I thought was a lawyer. I consider James to be a friend and recommend him to all of my friends. What a great lawyer and an even better guy! J.P.
★★★★★
I had been accused of doing something, by my then wife, that I did not do. I was 100% innocent and was at the lowest point in my life. My mother told me to call James Dimeas. Her friend recommended him to her. James fought for me in court and refused to back down, even when the prosecution offered to lower the charges and make me plead guilty. I refused to plead guilty to something I did not do. The case went to trial and James won my case. I was found not guilty because I was NOT GUILTY. I HIGHLY RECOMMEND JAMES DIMEAS! Not only is he a great lawyer, but he is also a great human being. The truth shall set you free! C.D.
★★★★★
James Dimeas is a great lawyer who knows what he is doing and will guide you through every step of the process. He will go above and beyond what he needs to do to help you out. Sometimes I would text him in the evening or the weekend with a question and he would always respond. Really made me feel like he cared about me. When we went to court he tore apart the girl that was making false allegations against me and he won my case. That was one of the greatest day of my life. If you need legal help, the only lawyer should call is James Dimeas. Highly recommended! E.L.
★★★★★
I am so lucky to have stumbled upon this great attorney. I made a really stupid mistake at the worst time. I needed to get a case dismissed within 2 or 3 weeks so I could join the military. I could not leave for Basic Training until the case was dismissed and Jim made some calls and got the case dismissed. What a great guy. I’m so lucky I found him online and called him! Somebody was looking out for me. J.S.