If you’re like many people, domestic battery isn’t really on your radar – unless you’re charged with it after a night of drinking. But can the fact that you were drinking help your case, or will it hurt it? This guide explains the relationship with drinking and being charged with domestic battery in Illinois.
What if You Were Drinking and Charged With Domestic Battery – Can You Get a Pass for Being Drunk?
If you were drinking and the police charged you with domestic battery, you absolutely don’t get a pass. In fact, because you were drinking, the police may be less likely to believe that you’re innocent or that you simply made a mistake. Police know that alcohol has a way of impairing a person’s judgment; even people who make great decisions when they’re sober can make really bad ones when they’re not.
What Should You Do if You Were Charged With Domestic Battery After Drinking?
If you were charged with domestic battery after drinking, here are three things you should do:
- Avoid talking to the police. Don’t even tell them that you’re innocent.
- Cooperate if they arrest you and take you to jail.
- Call a lawyer immediately.
Here’s a closer look at each.
#1. Avoid Talking to the Police
You should never talk to the police without consulting an attorney first if you’re accused of a crime. And if you’re still under the influence of alcohol, do yourself a favor and use your right to remain silent. No good can come of you talking to the police when you’ve been drinking.
Related: What if the person who accused you of domestic battery is a liar?
#2. Cooperate With the Police if They Arrest You
If the police do arrest you, cooperate with them and don’t resist arrest. This will help your case down the road and make it easier for an attorney to defend you later.
Do what they tell you to do, don’t try to fight back, and don’t try to explain your side of the story to the police. Remember, they arrested you; that means they probably think you’re guilty, and no amount of explaining is going to make them let you go. In fact, the more you try to explain, the more they have to use against you in court. With every word you speak, you raise the chances of being found guilty in court.
#3. Call a Lawyer Immediately
There are too many complexities involved in a domestic battery charge for you to try and handle it on your own. An experienced lawyer can look at the facts of your case, evaluate the evidence against you, and help you decide what course of action is best for your defense.
A good attorney will also be in contact with the prosecutor and police to ensure that everything is handled properly throughout the process. This includes making sure that your rights are not violated and that you’re treated fairly.
Related: Can you work for the government if you have a domestic battery conviction?
Bottom Line: Being drunk doesn’t give you a pass (or even help your case at all) if you’re charged with domestic battery, but it can help to have an experienced attorney on your side. Call us immediately after being charged to ensure the best possible outcome for your case.
Do You Need to Talk to an Attorney About Domestic Battery Defense?
If you need to talk to a domestic battery defense attorney in Illinois, we’re here to help. Call us at 847-920-4540 now – we’ll be happy to give you a free consultation and talk to you about your options.
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