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In the state of Illinois, a domestic battery conviction constitutes a Class A Misdemeanor. If convicted, one can face up to one year in prison and significant fines. It should be noted that a battery charge can be elevated to aggravated battery due to a number of circumstances, including if children are present or harmed, or if the person has a prior domestic battery conviction on their criminal record. Unfortunately, many people are charged with domestic battery when the law enforcement officials rush to judgment or react to a fabricated accusation. Below, we will examine some of the most common defense strategies used in domestic battery cases.
Recognizing the way in which a conviction can drastically impact one’s life, hiring an attorney that will fight for your best interest is paramount in these cases. The first step an attorney will take in developing the defense case is going over the incident with you. Through answering questions, and explaining the events that lead to the incident, your attorney can develop a compelling defense case. Listed below are some of the most common defenses used to help clients avoid a conviction.
When one is facing a domestic battery accusation it is entirely common to feel flustered or panicked, especially when the accusation is entirely fabricated. False accusations of domestic battery are much more common than most of us would like to assume, and these accusations can come with life-changing ramifications for the accused. Outside of the immediate legal consequences of a domestic battery conviction (which we examine further below), an accusation can impact one’s relationships and employment status. If you have been falsely accused of domestic battery, it is critically important to hire an attorney that you can believe in.
While some people will simply shrug off a false battery accusation, due to their confidence in the accusation being proved false, it is important to understand the legal ramifications of a conviction. Here in the state of Illinois, a domestic battery conviction can come with significant jail time and monetary fines. A first-time offender is likely to face Class A Misdemeanor charges. If convicted, a Class A Misdemeanor can lead to up to one-year in prison, and fines as high as $2,500. It should be noted that there are a number of factors that can lead to a domestic battery charge being elevated to aggravated domestic battery. The most common reason for an aggravated charge is the fact that the accused has previously been convicted of a domestic crime. Other aggravating factors include the presence of children during the incident, prior conviction of a felony, or violation of an order of protection. If you are convicted of aggravated domestic battery, the charges are elevated to a Class 2 felony. With a conviction can come up to seven years in prison and fines up to $25,000. Domestic charges should be taken seriously, and it is wise to seek out the assistance of a legal professional immediately.
Throughout the United States, conventional gender roles have essentially been nixed as it pertains to the family unit. Now there are more bread-winning wives and thousands of stay-at-home fathers. Yet still, it can be difficult for divorcing fathers to receive the treatment they deserve throughout the legal process. Whether your issues revolve around securing financial support or alimony from your former spouse or gaining custody of your children, a father needs to be diligently prepared as they get ready for court. If you are a father preparing for a divorce, speak with a skilled attorney immediately.
If your custody case is to be decided in court, it is important to know how the court will make their decision. Here in the state of Illinois, the court will determine which parent should have primary custody of the children involved by considering a number of criteria. These criteria include the child’s physical and mental health, the parent’s interest in their academic performance, and the living space provided by each parent. Recognizing this, it is important that your household is clean and properly equipped to house a child.
When a couple decides to pursue a divorce, the complications that can accompany a separation can be daunting. Most notably, sorting through the financial aspects of a divorce can be incredibly nuanced. In many marriages, one spouse brings in a disproportionate amount of collective income. In the vast majority of instances, this is due to the fact that one parent spends more time at home taking care of the children. When the divorce is finalized, the spouse with less income often is left to wonder how they will live a financially sustainable lifestyle. Fortunately, a person can secure spousal maintenance in order to live securely post-divorce. Below we will discuss how spousal maintenance is calculated in Illinois, and how an attorney can assist you throughout the process of securing the maintenance you deserve.
Spousal maintenance is simply when one spouse is making payments to the other spouse after the divorce. When seeking fair spousal maintenance, from your former spouse, it is important to understand how maintenance is calculated in the state of Illinois. First and foremost, the income of both spouses is considered. According to a recent state law change, the payment is calculated based on a calculation that takes 20% of the payee’s income, subtracted from 30% of the payor’s income. The final calculation will then be added to the payor’s total income. The payment will be solidified as long as the payment plus the payor’s income does not equal more than 40% of the total income of both parties.
Here in the state of Illinois, an accumulation of three minor traffic violations will result in a license suspension of at least three months. While most people choose to simply accept a traffic violation, and pay the ticket, outside of serious fines, a conviction of a violation can result in loss of driving privileges. Recognizing this, it is important to speak with a qualified legal professional, as soon as you are charged with a traffic violation. Below we will examine some of the most common minor traffic violations, while also taking a look at violations that can carry a criminal charge.
Statewide, hundreds of thousands of tickets are handed out each year, for minor traffic violations. In the vast majority of cases, minor violations result in significant fines and should be taken seriously. In a high number of instances, a skilled attorney will be able to craft a compelling defense case to fight against a conviction.
When a person is charged with a minor traffic violation, it is incredibly common for them to pay the fine and move on. In all reality, this can be a poor decision to make, especially as it pertains to driving under the influence. If convicted, even a first-time DUI charge could result in loss of driving privileges, substantial fines, and even potential jail-time. Below, we will examine some of the potential ramifications of a first-time DUI conviction, as well as the importance of hiring an attorney when you are facing charges for driving under the influence.
Here in the state of Illinois, upwards of 25,000 people are arrested on DUI charges, each and every year. If convicted, a DUI charge can significantly impact a person’s life. According to Illinois state law, driving under the influence of alcohol constitutes a Class A Misdemeanor, for a first-time offender. If convicted, the driver will face a one-year license revocation period, as well as suspension of their vehicle registration. While a first-time DUI offender can apply for a Breath Alcohol Ignition Interlock Device (BAIID), they must pay for the device themselves and will be charged with a felony if they are caught driving another vehicle.
Every single year, thousands of Americans make the difficult decision to pursue a divorce. A divorce can be incredibly emotionally challenging, especially for children. In many divorces, children must grapple with the fact that they will likely have one sole custodial parent while another parent may be granted some visitation rights. Having to virtually say goodbye to one parent can be incredibly traumatizing to a child. Because of this, the state of Illinois recently updated their child custody laws, in an attempt to seek solutions that are more conducive to child development. Below we will touch on the legal changes and how you can ensure you will remain an important part of your child’s life.
Due to the fact that the state of Illinois puts the child’s best interest first when it comes to issues of child custody, it should come as no surprise that recent legal changes have further offered a chance for both parents to remain an integral part of the child’s life. Due to alterations made in the Illinois Marriage and Dissolution of Marriage Act, custodial privileges are no longer defined by concrete terms such as sole-custody parents. Now both parents are awarded some level of parental responsibilities (barring concerns over the child’s health and wellbeing).
Despite the fact that approximately half of all marriages end in divorce, many American couples believe that a divorce is entirely impossible for them and their spouse. Unfortunately, divorces are just a natural way of life. Whether brought on by dishonesty, financial issues, or differing philosophies on how to raise children, divorces are incredibly common throughout the United States. Yet still, the vast majority of couples fail to put any preliminary plan into action to prepare for the possibility of a divorce. Below we will define and examine what a prenuptial or postnuptial agreement could mean for you and how your attorney can assist you in crafting a premarital or postmarital agreement.
A prenuptial agreement is an agreement made prior to the marriage. This agreement usually determines how various issues such as allocation of marital assets and property will be resolved in the event of a marriage dissolution (death, divorce, etc.). A prenuptial agreement is increasingly important in a marriage in which one party is entering the marriage with a significant amount of resources, such as another property or a business developed prior to the marriage. Prenuptial agreements are also often crafted in circumstances in which a person is entering a marriage with children from a prior marriage. The prenuptial can dictate that a significant amount of their assets will be passed down to their children rather than just their soon-to-be spouse. A postnuptial is a comparable agreement, the only difference is that a postnuptial is crafted after the wedding is official and the couple is married.
After being charged with a DUI, it is incredibly important to act quickly. Even a first-time DUI offender can face a temporary loss of driving privileges and significant fines. For those that are convicted of multiple DUIs, the impact on one’s life can be incredibly significant. Below, we will examine the legal ramifications of multiple DUI convictions, and how a qualified legal professional can assist you throughout the legal proceedings. If you have been arrested for driving under the influence, speak with an attorney immediately.
Here in the state of Illinois, more than 20,000 people are arrested for driving under the influence, each year. Because of the sheer number of offenders, the criminal punishments for multiple convictions are incredibly severe. A second DUI conviction constitutes a Class A misdemeanor, a minimum of five days in prison or 240 hours of community service, and a five-year license revocation period.
When a person makes the decision to drive recklessly, they are making the decision to put all other drivers at risk. Due to the fact that reckless driving can be life-threatening to the driver and other road users, the consequences can be significant. Reckless driving is defined as the act of showing a wanton disregard for the rules of the road and the health and safety of other travelers. Below we will examine the most common forms of reckless driving, while also taking a look at how a reckless driving charge could impact you. If you have been charged with a significant traffic violation, it is critically important to speak with a qualified legal professional immediately.
Here in the state of Illinois, reckless driving can come in a number of various forms. According to statute 625 ILCS 5/11-503, reckless driving can be defined as any type of overtly negligent driving. The most common forms of reckless driving include driving at dangerously high speeds and erratically swerving from lane to lane. A reckless driving charge can also be implemented if a driver is intentionally using an incline such as a railroad crossing to propel their vehicle into the air.
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