Domestic Battery-Kane County-Not Guilty
People v B.L.- Kane County Domestic Battery lawyer, James G Dimeas, represented a client charged with a Domestic Battery at the Kane County Courthouse in St. Charles, Illinois. The client had no criminal record. The client has worked as a nurse at a State of Illinois mental health facility for almost 28 years. As a result of the criminal charges, she had been suspended from working and had been notified that if she was found guilty of the Domestic Battery charges in King County, that her employment would be terminated. The prosecution offered the Kane County Alternative Prosecution Program if the client accepted responsibility and plead guilty.
The Kane County Alternative Prosecution Program allows people charged with certain first-time criminal offenses, such as Domestic Battery, to avoid a criminal conviction in exchange for accepting responsibility and pleading guilty to the criminal charges. If the client performs certain requirements such as community service, anger management classes, and various other requirements, and does not pick up any new criminal charges, the state will dismiss the criminal charges. After successful completion of the Kane County Alternative Prosecution Program, you may be eligible to Expunge or Seal the case and keep the case from appearing in a background search. But in order to be accepted into the Kane County Alternative Prosecution Program, you have to plead guilty to the criminal charges and accept responsibility. If the client had pled guilty to the Domestic Battery charges in Kane County, she would have lost her job. Therefore, the client could not except the State's offer to enter into the Kane County Alternative Prosecution Program.
The Complaining Witness, the alleged victim, was the client's 15-year old niece. The Complaining Witness had been living at the client's home for approximately four months. She was the daughter of the client's brother. The Complaining Witness had gotten in trouble in her High School. She had been involved in numerous fights and had started hanging out with the wrong crowd. The client agreed to allow the Complaining Witness to live in her home and attend the High School in her community. The client and her husband, we're trying to help the Complaining Witness get back on track and get a fresh start in a new High School.
On the day of the domestic battery arrest, the client was driving home from work when she received a call from the complaining Witnesses School asking her to pick up the complaining witness because she had gotten in trouble over a fight at school. The defendant testified that when she arrived at the high school, she was met at the entrance by the principal, the Complaining Witness, and her other niece. The other niece was also attending the same High School and was also living at the Defendant's residence. The principal informed the defendant that the Complaining Witness had been involved in a fight and that she had been suspended for two days. On the way home from school, the defendant was talking to the complaining Witness about what had happened in school and was lecturing her about the need to behave in school and avoid fights.
When the defendant arrived home, she parked in the driveway and walked around the back of her car to enter the front door of her residence. The defendant testified that as she approached the rear passenger door of the vehicle, the Complaining Witness confronted her and took an aggressive stance and challenged her to a fight. The defendant testified that she was surprised by this and before she could say anything, she was struck several times by the Complaining Witness. The Defendant testified that she immediately resorted it to her training as a nurse in a mental institution. She grabbed the Complaining Witness and pusher her into the rear seat of her car so she could keep the Complaining Witness from having the space necessary to punch her. A struggle ensued and after the defendant had subdued the Complaining Witness, she called out to the other nice to get her husband from the house so he could stop the attack on her. After about a minute, the defendant's husband came out of the house and was able to subdue the Complaining Witness and stop the attack on the defendant.
After the parties entered the house, the Complaining Witness went after the defendant and started hitting her on the back of her head numerous times. The client's husband once again grabbed the Complaining Witness and took her down to the basement to try to get her to calm down. After about five minutes, the client's husband took the Complaining Witness upstairs to the kitchen and everyone had everyone. After dinner, the defendant's daughter arrived home from work. The client's daughter was living in the basement of the defendant's home with her family. The client's daughter left the home after a couple of hours to attend a class she was taking, and came home around 10 p.m. The client went to bed at 9 p.m. and the clients husband went to bed at 10:30 p.m. The client and her husband testified that the Complaining Witness and the other niece were upstairs in their bedroom when they went to sleep.
At about 12 a.m., the police received a call from a nearby convenience store that the Complaining Witness and her niece had escaped from the defendant's residence and were reporting that the Complaining Witness had been beaten by her aunt. The police arrived at the convenience store and found the Complaining Witness and her cousin. The Complaining Witness was crying and had numerous marks on her face and her chest. She told the police that that she had been attacked by the defendant outside the car and inside the residence and was severely beaten by her. The Complaining Witness told a vastly different story from the defendant's version. She told the police that she and her cousin escaped the residence after the defendant and her husband went to sleep and that they could not call the police from inside the home because the defendant and her husband had removed the phones inside the residence.
The police went back to the residence with the Complaining Witness and took numerous photographs of injuries to the Complaining Witnesses face and chest and spoke to the Complaining Witness and her cousin, and the defendant and her husband. The police arrested the defendant and charged her with a Domestic Battery.
At the trial, the prosecution offered the testimony of the Complaining Witness and two police officers. The Complaining Witness testified that she was violently attacked by the defendant in the driveway and once again inside the residence. She testified that the injuries to her face were caused by the defendant. Both of the police officers testified about the statements that were made to them by the defendant and the Complaining Witness. James Dimeas had subpoenaed the school records of the complaining witness and had a written statement prepared by the Complaining Witness in which she discussed the fight which led to her being picked up at the school by the defendant. The Complaining Witness made several statements to the police about the fight in school that did not match her version of the fight in her written statement in the school records.
Kane County Domestic Battery attorney, James Dimeas, called the defendant to testify. She testified that she was attacked by the Complaining Witness in the driveway and that the Complaining Witness attacked her inside the home. The Defendant testified about the defensive measures she took to subdue the Complaining Witness. The defendant's husband testified that the Complaining Witness was lying and backed the version of the events by the defendant. The defendant’s niece testified that when she arrived home from work, she found out that the Complaining Witness had attacked the defendant and saw the complaining witness in the dining room and did not see any injuries or marks on her face.
After hearing all of the evidence and the testimony in the case, the court found the defendant Not Guilty of the Domestic Battery charges. The court found that the state had failed to meet its burden of proof and did not believe the Complaining Witnesses version of the events.
James Dimeas is a nationally-recognized, award-winning, Domestic Battery lawyer. James Dimeas has been handling Domestic Battery cases throughout Chicago, Cook County, DuPage County, Kane County, and Lake County, for over 25 years. 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." The National Academy of Criminal Defense Attorneys awarded James Dimeas the "Top 10 Attorney Award for the State of Illinois." The American Institute of Criminal Law Attorneys named James Dimeas a "10 Best Attorney for Client Satisfaction." James Dimeas was named a "Best DUI Attorney." Expertise name James Dimeas a "Best Criminal Defense Lawyer in Chicago." The National Trial Lawyers named James Dimeas a "Top 100 Criminal Defense Trial Lawyer." 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 reach James Dimeas by calling 847-807-7405.