Domestic Violence Attorney in Aurora
Domestic Violence Lawyer Serving Kane, DuPage & Cook County
The definition of domestic violence has expanded significantly over the past few decades as the definition of family has become more expansive. At the same time prosecutors are more determined than ever to break the so-called "cycle of violence", or better yet, in their eyes, prevent it from taking shape in the first place. As a result domestic battery convictions often mean lengthy incarceration and high fines, not to mention other penalties such as restrictive protective orders and unwanted government scrutiny.
Attorney Viviana Ramirez makes it her business to stand up for individual rights. While alleged victims deservedly get much of the attention, accused people in these cases have rights as well. They have the right to engage in meaningful pretrial settlement negotiations. More importantly, they have the right to a vigorous defense at a fair trial.
PROTECTED CLASSES IN DOMESTIC BATTERY
Whether it is true or not, Illinois criminal laws assume that certain people are not able to fend for themselves and, therefore, need special protection. When it comes to domestic battery in Illinois, these classes include:
Parents, spouses, children, stepchildren, and anyone else currently or formerly related by blood or marriage,
Roommates (if they shared a special relationship)
Parents who never married,
Dating couples, and
Disabled people and their caregivers.
This element is often a defense as well because a fight between ex-spouses who have been divorced for decades is technically considered domestic battery.
OFFENSES & POSSIBLE PUNISHMENT
Domestic battery is broadly defined as "physical contact of an insulting or provoking nature," meaning that there does not have to be a physical or permanent injury to support a conviction. Domestic battery is a Class A misdemeanor with a maximum punishment of one year and a $2,500 fine. Even your first offense is a mandatory conviction. The crime is charged as a Class 4 felony, with a maximum six years and $25,000 fine, if the defendant had a prior conviction for domestic battery or certain related offenses. Aggravated domestic battery, which is any incident that involves serious bodily injury, is a Class 2 felony with a minimum 60 days in jail and maximum 14 years and $25,000 fine.
Some other domestic violence offenses include interfering with a report, kidnapping or false imprisonment, and violating a protective order.
LIKELY DEFENSES IN ILLINOIS
Many times, overzealous police officers arrest suspects based on little or no physical evidence or just the account of one party involved. As there are nearly always two legitimate sides to a story, these cases are very difficult to prove based on a swearing match. Furthermore, if the domestic situation stabilizes, prosecutors are generally less willing to pursue these cases.
For a free consultation regarding alleged domestic violence charges, contact us today at 630.340.3391. From our law offices in Aurora & Chicago Illinois, Ramirez Law proudly serves clients throughout Kane County, DuPage County, Kendall County and Cook County including, but not limited to, North Aurora, Batavia, Geneva, St. Charles, Elgin, Wheaton, Warrenville, Naperville, Elburn, Campton Hills, Wayne, Winfield and the city of Chicago.