Accused of Choking My Girlfriend

My question involves criminal law for the state of: Illinois

I just recently got picked up for domestic battery. Girlfriend and I got into it and I tried grabbing for her cell phone to 'check the messages between her and another guy' she freaked out and started hitting my arm/side of head so while my head was turned I (out of instinct) pushed my hand up and it left a tiny remark on her neck. She's stating that I choked her and I did no such thing. This is my first offense EVER what can I expect??

Hi Lee. First, you did not hit her out of instinct. Instinct does not tell us to react that way. If it did, your mom, dad Catholic school teacher, police officer or anyone else with authority, that may have laid a hand on you would have been dealt with in the same fashion as this young lady. Second, what was your exact charge? If you are convicted of DB that is at bare minimum a conditional discharge. At maximum, a felony. Neither one comes off your record. You'll los your right t own a firearm. You'll be sentenced to probation. You'll have to pay $50 a month in probation fees. You'll probably be on probation for 12-18 months. You'll have to pay to attend a domestic violence program. You'll have a order of protection against you. You'll report a minimum of one time a mopnth to somebody like me ;). You'll be inconvenienced because it will interfere with your personal life, your school life, work schedule, future job opprtunities and finances.

My bond sheet says charged with domestic battery so I'm assuming that's it? I don't care about owning a firearm, or getting it off my record. I did wrong by even doing what I did. I'm not worried about the money for classes probation etc... I just don't wanna go back to jail. I need to keep my job and keep providing money for her and our daughter. My mom said that my gf didn't wanna prosecute and doesn't want the no contact order in place anymore. My attorney a
Said that she can fill out and affidavit (or however u spell it) and after my court date the no contact should be lifted.

Now, it sounds as if you admit guilt. You admit a problem. But, you have had illegal contact with the petitioner and your family has coerced her into not prosecuting. Probably not what you are saying, but it sounds like it. It happens more time thatn not. As a result, prosecutors don't have to rely on her in order to get a conviction. They can also go by the State being willing to proceed on the victim's behalf. Face your music. If you are in Cook Co, we have a program to assist you a little with the financial aspect. You have a problem brewing. Trying to ignore it is not going to make it go away.

I didn't say I didn't have a problem brewing.. Idk where you got that from. I'm getting help for my problem and I'm going to continue with treatment. I am just worried about jail time. I've heard from numerous people/attorneys that for a first time offense I won't get jail time but its still in my head and I don't wanna not be there providing for my daughter.

Quote:

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...I'm getting help for my problem

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That's where I got it from. It is a problem to put your hands on your partner. Especially one that you share a child with. The ignoring it comment cimes from the talk about she did not want to prosecute. You do have a problem. That problem is that this situation rose above an argument, and made to the echelon of physical violence. That is a very significant issue. It does not matter how minor the incident seems to you at this point. It happened and if not dealt with it gets worse. I venver suggested that jail was an option. The court wants to see you get help. As a result, probation is almost 100% certain.

Ok, sorry I missed that part. And yeah.. Ill accept the probation and the help they throw at me. I've never done this before and never been inside the jail before. I honestly think I have developed a phobia of the place... So I know I am NEVER going to do anything that could possibly get me sent back.

I wish you luck. No one tries to go back to jail. I'm glad you want to stay away. Do your classes, see your PO, stay out of the streets, abide by your order of protection. Even if she says it's ok to come around, abide by the OOP. Complete your conditions and you'll be fine.