Your life can change quickly if you are facing an Illinois domestic battery charge. A conviction can have severe consequences, including jail time, loss of employment opportunities, a permanent criminal record, a tarnished reputation, and other lasting effects.
It is critical in this situation that you understand how the law defines domestic battery and what is needed for prosecutors to prove you are guilty beyond a reasonable doubt. Knowing these nuances is essential to your defense. Given the seriousness of a domestic battery charge and the impact a conviction can have, it is critical to work with a Cook County domestic violence attorney who will protect your rights at every stage and improve your chances of securing the best possible results.
You are welcome to call the Glasgow and Olsson today to have your case reviewed and to learn more about how you can beat your charges and safeguard your freedom and future.
The Burden of Proof
It is the State that bears the burden of proof in all criminal cases. What this means is that it is the prosecution’s job to establish every element of a crime to the high standard of “beyond a reasonable doubt.” Here, if there is any reasonable question about what happened and if there is uncertainty, then the defendant must be found not guilty. As a result, the prosecution has a challenging job to make sure that their narrative is one that is clear, persuasive, and that no one who hears it has any misgivings about what transpired.
Domestic Battery in Illinois
Illinois state law 720 ILCS 5/12-3.2 defines domestic battery as an occurrence where someone knowingly causes bodily harm to a family member or household member, or makes physical contact of an insulting or provoking nature. This interpretation may seem straightforward and relatively benign, but in practice, the reality is that it can be incredibly complicated.
Bodily Harm and Insulting or Provoking Contact
Illinois does not require that a serious injury result in order to have bodily harm. For instance, if someone inflicts minor bruising or pain, then this can be enough for prosecutors to claim that there was harm done. Although it is still necessary to prove that the bodily harm not only happened but was caused by the defendant.
Insulting or providing contact is a little more subjective. Depending on context and how sequences of events are understood, a slap, a shove, or even grabbing another person’s wrist could qualify as “provoking”.
Self-Defense, Mutual Combat, and the Question of Aggression
Often, domestic battery cases in Illinois stem from mutual arguments or physical confrontations where all parties involved claim they are the victim. This is where determining who was actually the aggressor is so important. It is possible, under the law, to use reasonable self-defense if a person believes they are in danger of harm. Sometimes, all individuals may have willingly engaged in physical contact, which is known as mutual combat. Should this happen, a case can become even more complicated for the prosecution.
Evidence and Credibility
If there is concrete evidence, such as photos of injuries, medical records, camera footage, 911 recordings, or surveillance videos, this can be difficult to overcome and directly affect how a case is decided. On the other hand, inconsistent statements or a lack of physical proof can lead to reasonable doubt.
Get Qualified Legal Help Today
The quality of your legal representation matters in an Illinois domestic battery case. A skilled lawyer will know how to challenge all elements of a case by scrutinizing the evidence and also aggressively questioning the credibility of witnesses.
When you need an attorney, experience matters.
Speak with a Chicago criminal defense attorney at Glasgow and Olsson today to learn how we can get you the results you deserve.