Legal Question in Criminal Law in Illinois

prior acts of violence

I have been charged with domestic battery although I was just pushing my wife away and restraining her from hitting me. Pictures show a mark on her face from me pushing her face and my shirt torn and my hand bitten. My sister in law and wife have lied a lot on their statements as to what happened. Both my wife and sister in law will not come to testify. My wife has previously been violent, so much so that I have had to go to the ER to get stitches in my scrotum and I have pictures of bruises on me which my brother took from another fight which was a warning to her that I would show them to her parents if she didnt stop getting so violent.

Can I bring her prior acts of violence to show her nature, like hospital report and previous pictures would it minimise my charges in this fight and can I be found not guilty? Would my brother have to come and testify he took the pictures? any help would appreciate..I tell my lawyer to try and exclude the Witnesses police stataments because of the fact they both discussed what they would say 15 minutes before the police came, but he seems to disregard the ''excited utterances Exception and was asking me why am I getting into so many minute details and making matters complicated with this.


Asked on 3/20/06, 10:57 am

1 Answer from Attorneys
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: prior acts of violence

No lawyer can get a witness statement excluded prior to trial because 2 of them collaberated to lie to the police. That is a factual matter, not legal. Your lawyer can minimize it through cross-examination, though. You may have a defense of self defense. At that point you may bring in prior acts of violence. I know you are worried. I can't tell you not to be, but let your lawyer be the lawyer. Haven't you ever heard the saying "a little knowledge is a dangerous thing?" If you are still dissatisfied with your lawyer after asking him about self defense, please call me. I'm in Chicago.

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Answered on 3/20/06, 11:28 am


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