Legal Question in Criminal Law in Illinois

Self Defense

My wife and I got in a domestic dispute where she called 911. I was charged with misdemeanor domestic battery. She was the PRIMARY AGGRESSOR. Most probably excited utterances will not be allowed as they werent that. My question is whether or not pictures taken and the 911 call are enough to convict for the prosecutor. My wife plans either to plead the fifth or not show to testify, which I know involves the risk of being arrested to show up. I plan to plead self defense.

My wife first slapped me and as I held her wrists so she wouldnt scratch my face, she bit my hand and continued to sink her teeth. I had to push her away with my arm which is the reason she has a mark on her nose. As I tried to leave for the door she held my shirt and wouldnt let it go. I jerked and walked towards the door thinking maybe she would loosen her grip. Instead, she fell on the floor and I had to restrain her by putting my foot on her arm and my one hand on her head. I loosened her grip with my other hand. Is this self defense?

Police believed her story and never asked me mine except asking me if the fight got physical. Pictures show her marked nose and my hand being bitten and my shirt being torn. Any help please!!! It was a fight we both regret


Asked on 3/02/06, 10:01 pm

3 Answers from Attorneys
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: Self Defense

My advice to you is to get a lawyer. An experienced criminal defense lawyer. No matter what you think you may be able to do, the prosecutor is a lawyer and can out lawyer you to your detriment. If you are in the Chicago area, please call me. I've been a criminal defense lawyer for 28 years.

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Answered on 3/03/06, 4:37 pm
ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: Self Defense

Hello there,

Your question has not been properly addressed by the other attorneys.

Your question is one of burden of proof and can the State Convict you if there is not witness and just evidence of a 911 call and photos. Though this is compelling evidence the State is going to harp on and on about the end all be all answer is that they will not have met their burden of proof because you have the right to confront and cross examine your accuser.

Crawfort v. Texas defendant has an absolute right to confront and cross examine their accuser.

If she is not there it is a slam dunk win.

However, the other attorneys did address the need of proper counsel because you do not know if the accuser is going to show up. From what you have stated you have a good defense of self defense and that being said hire an attorney you are comfortable with that will work hard for you.

If my office can be of any further assistance feel free to contact me.

Sincerely,

Erick Platten

PLATTEN LAW OFFICE

STATE WIDE REPRESENTATION

STATE WIDE TRAFFIC TICKET DEFENSE

TylerJustice.com

9035939100 office

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Answered on 3/06/06, 12:20 am
TC Langford Langford Law Office

Re: Self Defense

If you don't have a lawyer yet, please get one tomorrow!

The scenario you present is one of self-defense -- but that scenario will not magically present itself to the prosecutor/judge/jury. I cannot count the number of times I have had a client who was convinced that he knew what his wife would do or say to the prosecutor/judge/jury; and sat dumbfounded when it did not play out to his expectations.

You need a lawyer who knows how to prepare for the worst, and attempt to obtain the best. When it is all over, and it did not play out as you expected, it is too late for a lawyer. TCL

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Answered on 3/02/06, 10:10 pm


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