Experienced McHenry County Domestic Violence Attorney
Representation for the Criminal Charge of Domestic Battery
A person charged with the offense of Domestic Battery in the McHenry County area should be represented by a knowledgeable and experienced criminal defense attorney. The problems and challenges that Domestic Battery charges can cause are well documented. Police officers are trained to “arrest someone” when called to the scene of a domestic violence incident, whether common sense dictates so or not.
Many of our clients, who have been arrested and charged with the offense of Domestic Battery, have no prior record. However, as a result of allegedly hitting or pushing their spouse or significant other, or another household member, they have been arrested.
What is Domestic Battery?
Domestic Battery involves the intentional infliction of bodily harm to a spouse, significant other, or any family or household member, without their consent. Domestic Battery also involves the intentional touching, in an insulting or provoking manner, of a spouse, significant other, or another family or household member, without their consent. Law enforcement could charge a person with Aggravated Domestic Battery if the person caused great bodily harm, or permanent disability or disfigurement to, or strangles, a spouse, significant other, or another family or household member, without their consent.
There has been a dramatic rise in false Domestic Battery reports. Publicity has led many to learn about domestic violence, and unfortunately, many “victims” have used this information and process to their advantage in a relationship. Many of our clients were hit first, or repeatedly hit by their spouse or significant other, but when they defended themselves, the alleged “victim” called 911, police were dispatched to the scene, and he or she was arrested and charged with the offense of Domestic Battery.
Collateral Consequences of a Domestic Battery Charge
After his or her arrest, a defendant is Court-ordered not to contact the victim, or return to the residence, for a minimum of 72 hours, as a condition of bond. As another condition of bond, the Court will order the defendant to surrender all of his or her firearms to the arresting agency. These conditions of bond can make things nearly impossible to resolve without legal representation. And, if the victim obtains an Order of Protection, the Defendant may be ordered to have no contact with the victim for a significantly greater period of time.
A sentence for the offense of Domestic Battery carries many tough terms and conditions: a conviction, possible jail time, a fine, restitution, and the requirement that you obtain a Partner Abuse Intervention Program (PAIP) evaluation, and participate in 26 weeks of counseling.
The collateral consequences of a Domestic Battery conviction are significant. You may be prohibited from owning a firearm, and maintaining a concealed carry permit. If convicted of the offense of Domestic Battery, a defendant’s record for the Domestic Battery can adversely affect a defendant’s ability to find employment. A non-U.S. citizen convicted of the offense of Domestic Battery could be deported.
The Victim Cannot Drop a Domestic Battery Charge
Our experienced criminal defense attorneys have discovered that more often than not, the alleged victim regrets calling the police, and actually wants to help the client by asking the Prosecutor to dismiss the charge.
Unfortunately, once the alleged victim contacts 911 and police are dispatched to the scene and the police arrest and charge the defendant with the offense of Domestic Battery, a victim cannot simply drop the charges, since the victim does not have the prerogative or authority to drop the charge. Only the Prosecutor can decide whether or not to dismiss, or amend, a Domestic Battery charge; the victim becomes the State’s witness in the prosecution of the Domestic Battery charge.
Don’t Face Your Domestic Battery Charge without Legal Representation
A person facing a Domestic Battery charge might try to represent himself or herself without the help of an attorney. This is a decision a person may regret for the rest of their lives. If you or someone you know has been charged with the offense of Domestic Battery, please contact us, at 847.854.7700, so that we can help resolve your case.
The Attorneys at Franks and Rechenberg, P.C. practice Domestic Violence Defense for clients in McHenry and DeKalb Counties, including the cities of Algonquin, Barrington Hills, Belvidere, Bull Valley, Cary, Crystal Lake, DeKalb, Fox River Grove, Harvard, Hebron, Holiday Hills, Huntley, Island Lake, Johnsburg, Lake in the Hills, Lakemoor, Lakewood, Marengo, McCullom Lake, McHenry, Oakwood Hills, Port Barrington, Prairie Grove, Richmond, Spring Grove, Sycamore, Union, Wonder Lake, Woodstock, and all surrounding communities.