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  1. #1

    Default Domestic Battery Charge After Fight With a Sibling

    My question involves criminal law for the state of: illinois
    i got arrested for domestic battery for getting in a fight with my brother. we got back from a bar we started arguing and began fighting. it escalated and i hit him in the head with an object and he called the cops. the cops took this object as evidence and i was the only one arrested and charged. He ended up goin to the hospital and i went to jail. Would this be a felony domestic battery charge?? should i get a lawyer?? he already said he will not show up to court so will it get dropped?? please help as i need this dropped because i am joining the national guard and they will not let me join until this gets completely cleared up!!!

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Domestic Battery Helpp

    He doesn't have to turn up in court in order for you to be convicted.

    The fact that he was hospitalized is obviously strong evidence that he was assaulted....there seems to be some strong evidence against you.

    Get an attorney - immediately.

  3. #3
    Join Date
    May 2011
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    Illinois
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    1,376

    Default Re: Domestic Battery Helpp

    In Illinois, the state can pick up charges without the complainant going forward. The fact that you used an object can and probably will be classified as a weapon. That classification easily qualifies your case to be upgraded to a felony. The fact that he was hospitalized is aslo a mitigating factor. He was probably not charged based on the fact that you did not require medical attention and his damage requires medical attention. Based off the information you provided, even with a private attorney, you really look like a candidate for at minimum a conditional discharge, family or domestic violence counseling, and substance abuse treatment.

  4. #4
    Join Date
    Apr 2009
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    Default Re: Domestic Battery Helpp

    Quote Quoting viol8te
    View Post
    In Illinois, the state can pick up charges without the complainant going forward.

    Every state actually



    The fact that you used an object can and probably will be classified as a weapon. That classification easily qualifies your case to be upgraded to a felony. The fact that he was hospitalized is aslo a mitigating factor.

    Aggravating factor - not mitigating.


    He was probably not charged based on the fact that you did not require medical attention and his damage requires medical attention. Based off the information you provided, even with a provate attorney, you really look like a candidate for at minimum a conditional discharge, family or domestic violence counseling, and substance abuse treatment.

    Jail is a definite possibility.

    And as for the National Guard? I'd be thinking about a different career choice...

  5. #5
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Domestic Battery Helpp

    Hey! I'm a P.O. not a lawyer. In all actuality, if this is a Cook County case, jail is possible, but not probable.

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