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Domestic Battery

Chicago Domestic Battery Criminal Defense Lawyer – Exposing False Claims of Domestic Battery

Chicago Domestic Battery lawyer, James Dimeas, has spent the past 25 years representing people falsely accused of Domestic Battery in Cook County, DuPage County, and Kane County.  The criminal justice system is stacked heavily against individuals charged with Domestic Battery.  When the police are called to the scene of a Domestic Battery rather than making a reasoned decision, they will not hesitate to arrest the accused and subject them to the criminal justice system.  Police officers fear being accused of making the wrong decision. When you go to court you run into the same attitude with the prosecutors who handle Domestic Battery cases. Many of these prosecutors are conditioned to believe that everyone who is accused of a Domestic Battery is guilty.  Even when a prosecutor is convinced that the accuser is making up the Domestic Violence accusations, they are often unwilling to do the right thing and dismiss the charges and would rather proceed to trial and have the judge find the defendant not guilty and blame the judge for losing the case.

This is the environment in which Domestic Battery lawyer, James Dimeas, has learned to handle Domestic Battery cases.  It's an environment that is heavily tilted against a defendant facing Domestic Violence charges and which requires the skillful representation of an experience and accomplished criminal defense lawyer who understands how to handle Domestic Battery cases in Cook County, DuPage County, and Kane County.

What is Domestic Violence in Illinois?

Domestic Battery 750 ILCS 60 is basically when you physically abuse, or make physical contact, with a family member.  What the law considers a "family member" is defined a little more broadly than most people would consider a family member to be.  Under the Illinois Domestic Battery law, a family member includes a spouse, a former spouse, and even a former boyfriend or girlfriend.  There's two ways that you can be charged with a Domestic Battery in Illinois.  The first is if there's physical harm that results from the Battery.  The second is if the Battery was of an insulting or provoking nature.  The Domestic Battery Statute in Illinois considers both types of conduct to be a Domestic Battery and treats them equally as severe.

Most Domestic Battery cases in Illinois are a Class A Misdemeanor which carry a maximum punishment of one year in jail and a fine up to $2,500.  In addition, a conviction for a Domestic Battery may result in Domestic Violence classes, Anger Management classes, Mental Health treatment, and the entry of an Order of Protection.  But while Domestic Battery is a misdemeanor, it is one of the more serious misdemeanors in Illinois.  It is serious because Court Supervision it is not possible if you are convicted of a Domestic Battery. The minimum sentence for a Domestic Battery in Illinois is Conditional Discharge which is a conviction for purposes of your criminal record.  Furthermore, a conviction for a Domestic Battery can never be expunged or sealed from your criminal record. This means that the conviction will remain forever on your criminal record and will come up whenever a background search is done.  This is another reason why you need to make sure that you hire an experienced criminal defense lawyer to handle your Illinois Domestic Battery case. A Chicago criminal defense lawyer that has the experience necessary to come up with an effective defense strategy to make sure that you are not convicted of this crime and are able to eventually remove the Domestic Battery from your background.

What is an Aggravated Domestic Battery in Illinois?

An Aggravated Domestic Battery 720 ILCS 5/12-3.3 is a very serious criminal charge in Illinois. There's two ways that you can be charged with an Aggravated Domestic Battery in Illinois. The first is if there is great bodily harm or permanent disability or disfigurement suffered by the victim.  The second way that you can be charged with an Aggravated Domestic Battery in Illinois is if strangulation was involved.  If the victim claims that you placed your hands around their neck and kept them from breathing for any period of time you will probably be charged with an Aggravated Domestic Battery.  Aggravated Domestic Battery in Illinois is a Class 4 felony which is punishable by up to one year in jail and a fine up to $2,500.  But what makes Aggravated Domestic Battery such a serious charge is that if you plead guilty to an Aggravated Domestic Battery, or are convicted of an Aggravated Domestic Battery, you must serve at least 60 continuous days in jail.

The consequences of a conviction for a Domestic Battery or an Aggravated Domestic Battery are very serious. Not only will you have great difficulty obtaining a job or even getting a landlord to rent you an apartment but you also lose certain rights.  One big right you may lose is your constitutional right to own a firearm.  If you are going through a Divorce a Domestic Battery conviction could affect your custody or visitation rights with your minor children.  If you are convicted of a felony Aggravated Domestic Battery, it may affect your ability to receive financial aid or student loans, or even be disqualified from admission to certain colleges and universities.

Chicago Criminal Defense Lawyer James Dimeas Providing Experienced and Effective Defense of Domestic Battery Charges

Chicago criminal defense lawyer, James Dimeas, has 25 years of experience handling Domestic Battery and Domestic Violence charges in Cook County, DuPage County, and Kane County.  James Dimeas has the experience to put together an effective defense that will defeat the Domestic Battery charges against you. Chicago criminal defense lawyer James Dimeas understands how easy it is to file false Domestic Violence charges against an innocent criminal defendant.  He will look through emails and text messages, and social media posts to find evidence to clear your name.  He will review the police reports to find inconsistent statements that the alleged victim made to the different police officers and to medical personnel.  He will review the recordings of 911 tapes for inconsistent statements by the alleged victim.  If the alleged victim petition's the court for an Order of Protection they will often make statements in the Petition for an Order of Protection that are different than the statements made to the police and to the medical personnel.  Sometimes a victim will send text messages in which they make statements that could show the innocence of the accused.  Chicago criminal defense attorney James Dimeas has the experience with Illinois Domestic Battery cases to defend your name and to win your case.

In 2017, Domestic Battery Lawyer, James Dimeas, was recognized by Expertise, as a "Best Criminal Defense Lawyer in Chicago."  The same year he was recognized as a "Best DUI Lawyer."  He is already recognized as a "Top 100 Criminal Defense Trial Lawyer" by The National Trial Lawyers.  The American Institute of Criminal Law Attorneys have recognized James Dimeas as a "10 Best Attorney Client Satisfaction."

If you are facing Domestic Battery or Domestic Violence charges in Cook County, DuPage County, or Kane County, you can contact James Dimeas anytime for a free and confidential consultation about your case.  He has the experience and the proven track record to win your case and clear your name. If you need to speak to Mr. Dimeas, he can always be reached at 847-807-7405.