If you’re like most people accused of domestic battery or aggravated domestic battery, you know that you could use a lawyer’s help. Anyone who’s accused of committing a crime in the U.S. has the right to legal counsel – that means they have the right to have a lawyer give them advice and represent them in legal proceedings – and usually, it’s a good idea to use that right.
But is it possible to win a domestic battery case?
Is it Possible to Win a Domestic Battery Case?
It is definitely possible to win a domestic battery case. A “win” could be the court dismissing the charges or finding you not guilty of the crime.
Related: Illinois domestic violence laws
Motions Your Attorney Can File in Your Domestic Battery Case
Your attorney may file legal motions to dismiss the case. (A motion is a formal legal request for a judge to take a certain action.) If the court decides to dismiss the case, you’re done – you won’t have to go to court and defend yourself.
There are other types of motions your attorney can file, as well, such as to keep illegally obtained evidence out of court.
Findings of Not Guilty
In many domestic battery cases, the courts find people not guilty. Like any other criminal charge, a finding of not guilty in a domestic battery case means there wasn’t enough evidence to prove that you committed the crime.
What Your Lawyer Can Do
It may be appropriate for your domestic battery defense lawyer to show the court that you aren’t a bad person. Your lawyer might explain that you don’t have a serious criminal record, and he’ll certainly explain your side of the story to the judge. That can include introducing evidence that the prosecutor doesn’t have, such as documents and records, or showing the court that the prosecutor’s evidence is unreliable and doesn’t prove that you did anything wrong.
Related: Domestic violence trial questions
Have You Been Accused of Domestic Battery?
If you’ve been accused of domestic battery, whether you made a mistake or you’re completely innocent, we may be able to help you.
Call us at 847-920-4540 right now for a free case review.