[justjeev]

I really messed up. I and mu wife got into a huge argument, I ended up throwing hot coffee on her , resulting in 2 nd degree burns. on her left hand and her chest area.. i have not seen the injury for my self, since she has brought a order of protection against me...

I think she will do any thing to get me screwed....

Do you guys think I should just plead guilty and let my future in the hands of the judge,,, and tell him I am really sorry and will not ever repeat this....

I do have my court date on Nov 15 th cook county.. I do not have no prior convictions...

Please guys tell me what kind of sentence/Fines I am looking at?

[aaron]

What is the exact charge against you?

I suggest consulting a criminal defense lawyer.

[justjeev]

Class A MisDemenoir.

[justjeev]

charged with domestic battery in that he(myself) knowingly caused bodily harm to wife name, a family member of the defendent, in that said defendent threw a pot of scalding coffee on her, causing burns to her arm and chest.

in violation of 720(chapter) illinois compiled statutes 5(act)/12-3.2(a)(1)-Subsection

I have appointed a attorney..

[aaron]

(a) A person commits domestic battery if he intentionally or knowingly without legal justification by any means:

(1) Causes bodily harm to any family or household member as defined in subsection (3) of Section 112A‑3 of the Code of Criminal Procedure of 1963, as amended;

(2) Makes physical contact of an insulting or provoking nature with any family or household member as defined in subsection (3) of Section 112A‑3 of the Code of Criminal Procedure of 1963, as amended.

(b) Sentence. Domestic battery is a Class A misdemeanor. Domestic battery is a Class 4 felony if the defendant has any prior conviction under this Code for domestic battery (Section 12‑3.2) or violation of an order of protection (Section 12‑30), or any prior conviction under the law of another jurisdiction for an offense which is substantially similar. Domestic battery is a Class 4 felony if the defendant has any prior conviction under this Code for first degree murder (Section 9‑1), attempt to commit first degree murder (Section 8‑4), aggravated domestic battery (Section 12‑3.3), aggravated battery (Section 12‑4), heinous battery (Section 12‑4.1), aggravated battery with a firearm (Section 12‑4.2), aggravated battery of a child (Section 12‑4.3), aggravated battery of an unborn child (Section 12‑4.4), aggravated battery of a senior citizen (Section 12‑4.6), stalking (Section 12‑7.3), aggravated stalking (Section 12‑7.4), criminal sexual assault (Section 12‑13), aggravated criminal sexual assault (12‑14), kidnapping (Section 10‑1), aggravated kidnapping (Section 10‑2), predatory criminal sexual assault of a child (Section 12‑14.1), aggravated criminal sexual abuse (Section 12‑16), unlawful restraint (Section 10‑3), aggravated unlawful restraint (Section 10‑3.1), aggravated arson (Section 20‑1.1), or aggravated discharge of a firearm (Section 24‑1.2), or any prior conviction under the law of another jurisdiction for any offense that is substantially similar to the offenses listed in this Section, when any of these offenses have been committed against a family or household member as defined in Section 112A‑3 of the Code of Criminal Procedure of 1963. In addition to any other sentencing alternatives, for any second or subsequent conviction of violating this Section, the offender shall be mandatorily sentenced to a minimum of 72 consecutive hours of imprisonment. The imprisonment shall not be subject to suspension, nor shall the person be eligible for probation in order to reduce the sentence.

(c) Domestic battery committed in the presence of a child. In addition to any other sentencing alternatives, a defendant who commits, in the presence of a child, a felony domestic battery (enhanced under subsection (b)), aggravated domestic battery (Section 12‑3.3), aggravated battery (Section 12‑4), unlawful restraint (Section 10‑3), or aggravated unlawful restraint (Section 10‑3.1) against a family or household member, as defined in Section 112A‑3 of the Code of Criminal Procedure of 1963, shall be required to serve a mandatory minimum imprisonment of 10 days or perform 300 hours of community service, or both. The defendant shall further be liable for the cost of any counseling required for the child at the discretion of the court in accordance with subsection (b) of Section 5‑5‑6 of the Unified Code of Corrections. For purposes of this Section, "child" means a person under 18 years of age who is the defendant's or victim's child or step‑child or who is a minor child residing within or visiting the household of the defendant or victim. For purposes of this Section, "in the presence of a child" means in the physical presence of a child or knowing or having reason to know that a child is present and may see or hear an act constituting one of the offenses listed in this subsection.

Conviction of a Class A Misdemeanor can result in a sentence of imprisonment for a term less than one year.

[justjeev]

Since I do not have any prior convictions in this line or any other convictions. What do you think will be the kind of sentence.

We do not have any children. Only me and my wife were present.

[justjeev]

If there be probation or anything that can I can get instead of any prison time.

[aaron]

Probation is common for first offenses. You have some facts which may inspire the court to be less sympathetic than usual. If you have a criminal defense lawyer, your lawyer should be able to give you a pretty accurate assessment of your likely sentence.

[justjeev]

Thanks Aaron, I will keep my fingers crossed. I will also ask my Lawyer what possiblesentence could be.

[justjeev]

Hi Aaron, I am also in the process of getting my green card:

The Charge sheet is on Class A Misdem..


Will being on Probation cause a issue. I spoke to my Immigration lawyer.. he said I will be called for a Interview for the green card process...
He asked me to tell the Criminal Lawyer to try to get supervision. but he said not to plead guilty...

When I relayed the same to my Crim lawyer,, he said it will be difficult to get Supervision if we plead not guilty...

So does it mean Misdemeanor does not qualify for Deportation?

I am cofused whether to plead guilty or not...