| DOMESTIC BATTERY Domestic Battery is one of the hardest crimes to deal with. Emotions run especially deep in this sort of offense. Typically, there are other underlying issues in the family structure that must be dealt with and the actual crime is only a minor part of a much larger problem. Some of the underlying problems can include alcohol or substance abuse problems, anger management problems, or marital problems. These problems need to be addresses in conjunction to the actual criminal offense. Without addressing these problems, the likelihood of reoffending increases. Our office can assist you or your loved one with addressing these underlying problems by referring you to professionals in this area. Your goals are our goals. If you do not want to work it out or do not think that working it out is a viable option, then we can assist you in any divorce action. Once arrested for domestic battery, except in rare cases, you are placed in jail with no bond. The purpose for that is to give the parties a mandatory cooling down period. The bond will be set in front of a judge, typically within 48 hours. Obviously, if you get arrested on the Friday before a Monday holiday, you can expect a long sit behind bars before a bond is set. At a bond hearing in front of a judge, the judge will consider all the evidence in setting your bond. Usually some money will need to be posted to get out of jail. The bond hearing is not the best time to start going into detail about your case. Everything you say can and will be used against you if the case goes to trial. Once you bond out of jail, the judge typically orders no contact between you and the alleged victim. Often that means you cannot go home. This ‘no contact’ order can last for as long as the judge says. No contact means no contact. Contact through a third party may be considered contact. If the prosecutor or judge learns of contact when a no contact order is in place, you can be taken back into custody and a new, higher bond or no bond can be set. More than likely, you will need an attorney in order to return to your home and / or talk to the alleged victim. If you have a prior domestic battery conviction, your second offense can be and often is upgraded to a felony. There are also many possible repercussions to a guilty plea to Domestic Battery which are always discussed prior to any of our clients accepting a plea negotiation. Court Supervision is not an option to someone charged with Domestic Battery. It is important to get a lawyer on your side as soon as possible to help sort out this very complex type of case. CALL (815) 963-6330 for a free initial consultation. If you are a victim of Domestic Battery, Click here For More Domestic Battery Information Click here BATTERY A Battery can be charged two different ways. The first is a very low standard which is "any insulting or provoking contact to another person." That means exactly what it sounds like. Any contact made to an alleged victim in which the alleged victim feels insulted or provoked is a battery in the State of Illinois. The threshold of what is insulting or provoking is up to the trier of fact. The second type of battery case involved bodily harm. That can mean a small bruise or scratch. This type of battery case means that if there is a jail sentence imposed in this case, you will do the number of days you are sentenced to without getting day for day credit. If Jail is not given, anger management classes are almost always ordered in these cases. Those classes can take up to a year to complete. The information you obtain on this website is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. (c) 2008 Brian Morgan Brian Morgan represents clients accused of Felony, Misdemeanor and traffic offenses including drug, cannabis, cocaine, heroin, DUI, aggravated DUI, driving under the influence of alcohol, aggravated driving under the influence of alcohol, dws, driving while suspended, speeding, leaving the scene of a property or personal injury accident, domestic battery, aggravated domestic battery, battery, UUW, unlawful use of a weapon, theft, retail theft, felony retail theft, disorderly conduct, criminal sexual abuse, violation of an order of protection, DCFS cases, juvenile law, burglary, residential burglary, home invasion, armed robbery, class x felony, and all other criminal offenses. Brian Morgan also represents clients in family, divorce, child custody, child support, DCFS, juvenile court and order of protection. Our attorneys also representing clients in personal injury cases, car accidents, slip and falls, insurance disputes, medical malpractice, wrongful death, guardianships, estate planning, wills and trusts, contract disputes, real estate, civil litigation and collections. If your problem is not listed, please call. Brian Morgan serve the counties of Winnebago, Boone, Stephenson, DeKalb, McHenry, Ogle, Lee, Whiteside, LaSalle, and Jo Davies. This includes the cities and towns of Rockford, Belvidere, Freeport, DeKalb, Woodstock, Oregon, Dixon, Peru, Galena, Cherry Valley, Rockton, Roscoe, Pecatonica, Winnebago, Poplar Grove, Caledonia, Capron, Sycamore, Byron, and Sterling. |
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Domestic Battery and Battery
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