Legal Question in Criminal Law in Illinois
Domestic Battery Charge
My husband was arrested on domestic battery charges which stated that he threw me to the ground and caused me bodily harm. He did not throw me to the ground or cause bodily harm and I did not sign a complaint. The police officer who came to our condo made the decision to arrest him and the police were called by our upstairs neighbor, whom we have never met or spoken to. My husband was intoxicated at that time of the arrest. He now has to go to court on August 1st and I have been subpoened as well. What can we do to get this case dismissed prior to or at trial?
2 Answers from Attorneys
Re: Domestic Battery Charge
If August 1, is the first time the case is in court, it is not set for trial. Since your husband is charged with a crime, it is not you, alleging that he pushed you, but the State. Your husband should consult with an attorney to protect his rights. If you have any questions, call me at 847-657-0006. Mike Rosenblat.
www.Criminal-Defense1.com
Re: Domestic Battery Charge
The State of Illinois can go ahead with the charges even if you do not wish to proceed. Domestic Battery is a Class A misdemeanor that has a possible penalty of 364 days in jail, so your husband should have a lawyer. I see you have a Chicago zip code, so your case is probably at 13th and Michigan, a courthouse my firm goes to regularly. If you wish to consult with our partner Roger Malavia, who appears in that court house often, please call 312-375-3334.