Chicago Criminal Defense Lawyer Andrew M. Weisberg – Defense Against Domestic Violence Charges
Domestic violence charges in Illinois carry serious consequences, affecting not only your freedom but also your reputation, personal relationships, and future opportunities. If you are facing charges of domestic battery or violation of an order of protection in Chicago or the surrounding areas, it is crucial to seek the assistance of an experienced criminal defense attorney. Andrew M. Weisberg is a seasoned Chicago criminal defense lawyer who can provide the aggressive defense you need to protect your rights and secure the best possible outcome in your case.
Understanding Domestic Battery Charges in Illinois
Domestic Battery is one of the most common charges under the broader category of domestic violence. According to Illinois law (720 ILCS 5/12-3.2), domestic battery occurs when an individual knowingly causes bodily harm to a family or household member or makes physical contact of an insulting or provoking nature with a family or household member.
Key Elements of Domestic Battery:
- Bodily Harm: Any physical injury, however minor, caused to a family or household member.
- Insulting or Provoking Contact: Physical contact that is intended to provoke, insult, or offend the victim, even if no physical harm is caused.
Family or household members include:
- Spouses or ex-spouses
- Parents, children, and stepchildren
- Individuals who share or formerly shared a common dwelling
- Individuals who have or allegedly have a child in common
- People who are dating, engaged, or were in a dating relationship
- Disabled persons and their caregivers
Domestic battery is generally classified as a Class A misdemeanor, which can result in up to 364 days in jail and fines up to $2,500. However, certain aggravating factors can elevate the charge to a Class 4 felony, leading to more severe penalties, including longer prison sentences and higher fines.
Violation of an Order of Protection
An Order of Protection is a legal order issued by a court to protect an alleged victim of domestic violence from further abuse or harassment. If you are subject to an order of protection, it is imperative to understand the restrictions it imposes. Violating any of the terms outlined in an order of protection is a serious offense under Illinois law (720 ILCS 5/12-3.4).
Common Restrictions in an Order of Protection:
- No Contact: You are prohibited from contacting the petitioner (the person who requested the order) directly or indirectly, including through third parties or electronic communication.
- Stay-Away Orders: You must maintain a specific distance from the petitioner’s home, workplace, school, or other designated locations.
- No Firearm Possession: You may be required to surrender any firearms and are prohibited from purchasing or possessing firearms during the duration of the order.
- Custody and Visitation: The order may temporarily modify or suspend your visitation rights if children are involved.
Violating an order of protection is a Class A misdemeanor for the first offense, but repeated violations can result in Class 4 felony charges, carrying harsher penalties.
Consequences of a Domestic Battery Conviction
A conviction for domestic battery or violation of an order of protection can have long-lasting repercussions that extend far beyond the immediate penalties of jail time and fines. Below are some of the most significant consequences you may face:
1. Criminal Record:
A domestic battery conviction will leave you with a permanent criminal record, which is public and can be accessed by employers, landlords, and others conducting background checks. This can severely limit your employment opportunities, housing options, and ability to obtain professional licenses.
2. Loss of Firearm Rights:
Illinois law mandates that individuals convicted of domestic battery, even if it’s a misdemeanor, lose their right to possess or own firearms. Your FOID (Firearm Owner’s Identification) card will be revoked, and you will be prohibited from purchasing or possessing firearms legally.
3. Loss of Custody or Visitation Rights:
A domestic battery conviction can be used as evidence in family court proceedings to limit or revoke your custody and visitation rights. The court may determine that you pose a danger to your children and decide to restrict or supervise your visitation, or in some cases, remove your parental rights altogether.
4. Professional and Social Stigma:
A conviction for domestic battery carries significant social stigma, which can harm your relationships with friends, family, and colleagues. Additionally, certain professional careers, particularly those involving security clearance or positions of trust, may be off-limits to you after a conviction.
5. Immigration Consequences:
For non-citizens, a domestic battery conviction can lead to severe immigration consequences, including deportation or denial of naturalization. Domestic violence offenses are considered deportable crimes under U.S. immigration law.
Building a Strong Defense Against Domestic Violence Charges
When facing charges of domestic battery or violation of an order of protection, it’s essential to work with a criminal defense attorney who understands the nuances of domestic violence cases and has the experience necessary to build a robust defense. Andrew M. Weisberg has successfully defended numerous clients against domestic violence charges in Chicago and the surrounding areas.
Potential Defense Strategies Include:
- Self-Defense: Demonstrating that your actions were in response to an immediate threat or danger posed by the alleged victim.
- False Allegations: Establishing that the charges are based on false accusations, often arising from contentious divorces, child custody disputes, or attempts to gain leverage in a relationship.
- Lack of Evidence: Challenging the prosecution’s evidence by questioning the credibility of witnesses, the accuracy of police reports, or the validity of physical evidence.
- Violation of Rights: Arguing that your constitutional rights were violated during the arrest or investigation, such as unlawful search and seizure or lack of Miranda warnings.
Why Choose Andrew M. Weisberg for Your Defense?
Andrew M. Weisberg is a former Cook County prosecutor who brings invaluable insight into how the prosecution builds cases against defendants. This experience allows him to anticipate the prosecution’s strategies and develop a defense that effectively counters their arguments. Mr. Weisberg is committed to providing personalized attention to each case, ensuring that every client receives the best possible defense.
Contact Andrew M. Weisberg for a Free Consultation
If you or a loved one is facing charges of domestic battery or violation of an order of protection in Chicago, don’t wait to seek legal counsel. The consequences of a conviction are too severe to handle on your own. Andrew M. Weisberg is available 24/7 to provide a free, confidential consultation and discuss your case.
Call (773) 908-9811 to speak directly with Mr. Weisberg or fill out the Case Review form on our website. Protect your rights, your future, and your reputation by getting the legal help you need today.
