Legal Question in Criminal Law in Illinois
How to defend untrue misdemeanor battery case
Facing a trial for misdemeanor battery, I am a defendant.
the Victim claimed that I pulled a paper from the victim's hand. And I grabbed her arm. Which claim is not true.
I didn't do anything but shouting. how can I defend the case and win.
2 Answers from Attorneys
Re: How to defend untrue misdemeanor battery case
Hello. Defending yourself against a criminal
trial requires preparation and great delivery to a judge or jury. First of all, you need a lawyer if you do not have one. To prepare for the trial you need to consider whether you have any witnesses who will testify that you only shouted. Next, you need to see if the state has any pictures, or medical records of the alleged victim. You need everything the State's Attorney has so that you will not be surprised at trial. Next, if the trial date is not set, you need to prepare and file preliminary motions (motion to suppress/ motion to quash). This is very important because when you have hearings on these motions you end up having a mini trial which allows you to see what the State's Attorney has against you. Finally,
you need to consider whether you want a bench
trial or jury trial. This is just a brief summary and I will be happy to answer any addi-
tional questions that you might have.
Re: How to defend untrue misdemeanor battery case
Unless there were other witnesses, it will come down to your word against the alleged victim's. Who is the judge or jury going to believe? I would advise you to hire an attorney if you have not already done so, and if you have , then talk with your attorney about how to handle the case!
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