Legal Question in Criminal Law in Illinois

my son is a 2yr college student, he is 20 yrs old and never ever been in any legal trouble, until Saturday ... him and his gf of 2 1/2 yrs had words she pushed him and started punching him he then pinned her on the floor and as she was hitting him in the face he bit her ARM . The following day she pressed charges and ofcourse at that time my sons red marks on his face went away but she was smart and took pictures of her ARM ... my question is what can he do to beat this .. he is getting his degree in teaching and he won't be able to if he has this on his record .. he is a straight A student, please any advise


Asked on 1/20/11, 3:50 am

1 Answer from Attorneys
Purav Bhatt The Law Office of Purav Bhatt

Your son is likely charged with domestic battery which is an offense that cannot be expunged off of his record after the case is resolved. Your son had a few options. He can:

1. take his case to trial and try to beat the charge in front of a jury or judge.

2. negotiate with the prosecutors for an amended charge of battery (which is expungeable).

3. negotiate with the prosecutors for a deferred prosecution which would result in the case being dismissed.

All of these options will likely be more successful with an attorney to advise and negotiate on your son's behalf. Without knowing more details about the case I cannot give you a definitive answer on which option would be best.

If you'd like to discuss your matter, feel free to contact me.

good luck

Purav

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Answered on 1/26/11, 12:56 pm


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