Monday, January 18, 2021

WHAT IS DOMESTIC BATTERY UNDER ILLINOIS LAW?

You commit domestic battery if you knowingly without legal justification by any means: (1) cause bodily harm to any family or household member; (2) makes physical contact of an insulting or provoking nature with any family or household member. (See 720 ILCS 5/12-3.2.)

To be convicted of domestic battery, you must meet the definition of “family or household member.” Illinois courts have included dating relationships within the law. A dating relationship is a serious courtship, defined as a relationship with a significant romantic focus and a shared expectation of growth. This determination can be highly fact specific. In People v. Allen, a sexual on-again, off-again relationship that took place over eight months where the parties got together to watch movies was considered sufficient. (See our related blog at What is a dating relationship under Illinois domestic battery law?.)

Domestic battery is a class A misdemeanor for a first offense. Depending on if you have a criminal record and the nature of your past crimes, domestic battery can be upgraded to a felony. There are stiffer sentencing requirements if you committed such battery in front of a child, plus you may have to pay for the child’s counseling.

If you have been charged with domestic battery or a similar offense, contact an experienced criminal law attorney immediately. It is critical not to try to talk yourself out of the situation with police. What you think is a reasonable explanation can sound like an excuse, or worse, evidence to convict you.

An attorney can review your case for its best possible defense. As with most criminal offenses, the state must prove all the elements of your offense beyond a reasonable doubt. Were you a family or household member? Did you have legal justification for the battery? Was the physical contact really of an insulting or provoking nature?

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

Wednesday, January 13, 2021

WHAT IS FIRST DEGREE MURDER IN ILLINOIS?

Under Illinois law, there are three kinds of first degree murder.
  1. Intentional murder where you intend to kill or do great bodily harm to another knowing that your actions will cause death;
  2. Strong probability murder: Where you know your acts create a strong probability of death or great bodily harm;
  3. Felony murder: Where you kill someone while you are committing a forcible felony such as armed burglary (but not second degree murder).
See 720 ILCS 5/9-1.

To convict you, all three types of first degree murder require that you were acting without lawful justification. Therefore, if you can prove a defense such as necessity or self-defense, your conduct may be legally justified.

If you have been charged with a criminal offense, an experienced attorney can review your case for your best defense. Did police obtain any required warrants before searching or arresting you? Did police properly record any confession? Was a confession coerced? Can the state prove all the elements of the offense beyond a reasonable doubt? Can they prove you were the culprit? Or that you acted with intent? Were you trying to save someone else or yourself from imminent physical danger? Even if the police acted lawfully and the evidence against you is overwhelming, an attorney who is respected in the court house may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)