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  1. #1
    Join Date
    Aug 2010
    Posts
    2

    Default Domestic Battery Causing Bodily Injury, First Offense

    My question involves criminal law for the state of: Illinois

    I live in Illinois. I got arrested while heavily intoxicated for domestic battery/bodily injury to my girlfriend. I woke up the next morning in the Peoria county jail. I don't recall what was said/given to me the day of my arrest, I have no recollection. I don't recall hitting her, but apparently I did. I just remember getting arrested and feeling frazzled. I got let out after 2 days and have a court date september 29th. I don't know what injuries I caused to my girlfriend, but i've been told she has a bruise on her cheek. What do I need to do? What might happen when I go to court? I have had no previous offenses, I have a clean record.

    Thanks

  2. #2

    Default Re: Domestic Battery/Bodily Injury. First Offense in Il

    You need the services of a criminal defense attorney (which could include using a public defender if you qualify), and to discuss the incident and the case with ONLY your attorney.

    As far as what to expect, it'll depend on the exact statutory charge, and the level (felony vs misdemeanor). A felony conviction could mean prison time, measured in years. A misdemeanor conviction could mean jail time, fines, anger mangement classes (at your expense), an alcohol treatment program (at your expense), a restraining order keeping you away from the victim (even if the victim WANTS to have contact with you), etc. Other possibilities include plea bargaining down to a lesser charge (up to the DA, and strongly dependent on how strong their case is against you), or in the best case scenario, a dropping of the charges if you complete some agreed-upon treatment/education program and probation (although much less likely since your case included injury to the victim). Your attorney will know the prosecutorial leanings in your local courts, as well as sentencing habits of the local judges.

    Then, there's the possibility of a civil law suit against you by the victim for medical bills, loss of income, pain and suffering, etc.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Domestic Battery/Bodily Injury. First Offense in Il

    The first thing you need to do is hire an attorney.

    After that, try to avoid talking to people about this. If you start telling others what happened that night but ONLY blacked out during the assault, you are not going to look and sound all that credible. Understand, also, that by having no recollection of that night, you effectively leave only one account of that night - hers. You will be unable to refute it, and can only try to rely on your attorney's ability to cast reasonable doubt upon the state's case ... which likely means inferring that the victim is a liar, and that can sometimes backfire.

    But, first, talk to that attorney.

    As for what penalties you might face, that depends upon the statute(s) under which you have been charged. What are they?

  4. #4
    Join Date
    Aug 2010
    Posts
    2

    Default Re: Domestic Battery Causing Bodily Injury, First Offense

    I don't know how I can find out the statute(s) under which I have been charged. I don't know which they are. The only thing given to me upon leaving the county jail was a sheet stating my court date and my offenses (domestic battery/bodily harm). There is no bond amount written. I don't have the money to hire an attorney so I'm lead to believe that my only option is a public defender, in which case i'm not sure what is meant by "if i qualify" considering I don't know what's needed to qualify.

    I'm not from that county. It was a weekend visit to see her. The only things I have considered doing is calling a defense attorney in the county and entering an AA program within my vicinity. I'm also seeking to get therapy for my issues (anger management/deep rooted problem). I don't have a copy of my police report and I don't know how to obtain it either. I want to know what exactly occurred or how to approach my situation considering what I stated.

    I was told from word of mouth that even if she didn't want to press charges, there's nothing that can be done, it's in the state's hands.

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