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Chicago Criminal Defense Attorney receives NOT GUILTY verdict on a battery charge for a Defendant in final stages of obtaining legal residency.

People  of the State of Illinois vs. A.G.    NOT GUILTY of BATTERYChicago Criminal Defense Attorney receives  NOT GUILTY verdict for a Defendant in final stages of obtaining legal residency.

The Defendant was charged with Battery to a co-worker for allegedly grabbing her buttocks in the presence of another co-worker.  At the time of trial, the Defendant was in the final stages of establishing legal residency in the United States, had retained an immigration lawyer, and it was imperative for him to have no criminal history.  The Defendant hired expereicned Chicago Criminal Defense Attorney Ruben Herrera who took the case to trial.  The complaining witness who was allegedly grabbed in the buttocks testified that the Defendant had repeatedly tried to make advances towards her to establish a relationship.  She also testified that the Defendant would constantly insult her.  Another witness testified that she was present when the grab occurred, and she saw the grab within a foot or two away.   

During cross-examination, Criminal Defense Attorney Ruben Herrera sought to establish a motive for both witnesses to fabricate their version of events.  The complaining witness conceded that she had prior arguments with the Defendant, and the Defendant would refuse to follow her orders because she was not his supervisor.  She also stated that she had never insulted the defendant, which was inconsistent with the testimony of her co-worker, who told the court that she would see the Defendant and complaining witness get into heated arguments and exchange insults.  Both witnesses refused to consider themselves as "friends," however, Chicago Battery Attorney Herrera questioned the close relationship between the co-workers.  They had attended church together, carpooled to work together, and knew each other's families.   

Additional witnesses on the Defendant's behalf testified that the Defendant was not even present when the grab allegedly occurred, and the complaining witness had told them she would get the Defendant fired at any cost.  Chicago Violent Crimes Attorney Herrera argued that it was highly convenient for the co-worker to have seen the grab from a foot or two away because their work requires them to operate machinery and move constantly.  In addition, their relationship was so close that fabricating an unprovoked one time grab of her buttocks could easily be falsely claimed, particularly when there is a hate-hate relationship in the workplace.  The Judge found that the State had not met their burden of proof and entered a finding of NOT GUILTY. April 2011.

Contact a Chicago battery attorney today if you need skilled legal representation to fight against the charges you are facing.

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Law Offices of Michael P. Schmiege - Chicago Criminal Defense Attorney
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