My Spouse Can Get My Domestic Battery Charge Dropped … Right?

 Posted on March 13, 2017 in Domestic Violence Defense

Domestic battery charges in Illinois are a serious matter. A fight or argument that escalates and gets out of hand can easily result in law enforcement being called and you being placed in handcuffs. If criminal charges are filed against you, the first offense of domestic battery can result in a jail sentence of up to one year. If you have prior convictions for domestic battery, you may face between one and three years in prison. Because a conviction for domestic battery can result in such severe consequences, individuals charged with this offense may make every attempt to have the charges reduced or dismissed altogether.

The Victim’s Testimony is Important – But Not Necessarily Critical

One of the more common methods of seeking a dismissal that domestic battery defendants attempt to employ is to speak with the victim him- or herself and ask that he or she have the charges dropped. Setting aside for the moment any consideration of whether the defendant’s act of contacting the identified victim in a domestic battery case would violate the defendant’s conditions of bond, this method is not as effective as it might first appear.

Certainly, the victim’s testimony in a domestic battery case is important. In certain cases where the prosecution’s only evidence against the defendant is the victim’s own word, the prosecution may not be able to proceed with its case if the victim refuses to cooperate and testify against the defendant. However, even if the victim refuses to testify and instead flees the area and hides so that he or she may not be served with a subpoena, the prosecution may still proceed with its case if:

• There is independent evidence of the crime, such as photographs showing your injuries;
• There are independent witnesses of the incident who observed the domestic battery take place and who are willing to testify even if the victim chooses not to do so; and/or
• There are recorded statements made by the victim, either in writing or captured using audio and/or video recording equipment. If a court finds that the prosecution has exhausted reasonable efforts in attempting to locate and serve the victim with a subpoena, the prosecution may have one or more avenues available to it whereby the victim’s statement could be admitted into evidence without the victim’s presence.

Responding Effectively to Domestic Battery Charges in Illinois

Instead of potentially violating your bond and asking the victim to drop the charges, a more effective way of responding to domestic battery charges is to retain the services and counsel of a passionate Joliet criminal defense attorney who can evaluate the circumstances of your charges and exploit weaknesses in the prosecution’s case. The experienced legal team at the Reeder & Brown, P.C. can do just this. Contact our firm right away if you have been charged with domestic battery and allow us to help you achieve a favorable disposition.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.2