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People of the State of Illinois v. J.C. | Chicago Lawyer

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Domestic Battery / Reckless Conduct – NOT GUILTY

People of the State of Illinois v. J.C. | Chicago Lawyer

Domestic Battery / Reckless Conduct – NOT GUILTY

The Defendant was charged with Domestic Battery and Reckless Conduct. It was alleged that the defendant intentionally ran over the foot of his daughter in a fit of rage. In the State of Illinois a person commits domestic battery if he or she knowingly without legal justification by any means: causes bodily harm to any family or household member or makes physical contact of an insulting or provoking nature with any family household member. Domestic battery is a Class A misdemeanor in Illinois and is punishable by up to one year in jail. Furthermore, one cannot receive supervision for a finding or plea of guilty on a domestic battery charge so upon a finding of guilt a conviction is entered and will stay on the record forever.

In this case, the defendant was an admission officer at a prestigious college and a conviction for domestic battery would end his career. Realizing the stakes, the defendant hired Chicago Criminal Defense Attorney Michael P. Schmiege to represent him. Mr. Schmiege reviewed the file, police reports and interviewed all of the witnesses and set the case for trial. At trial the daughter testified that she was dropped off at her mother’s house and was being yelled at by her father and as she exited the vehicle her father drove off and over her foot and failed to stop. On cross-examination Chicago Criminal Lawyer Michael P. Schmiege elicited admissions that the daughter did not like the father, didn’t like spending time with the father and was throwing a fit at the time of the alleged incident.

Chicago Criminal Defense Attorney Michael P. Schmiege argued that at best it was an accident and more likely a charge being brought by an emotional teenager. The judge agreed and found the defendant NOT GUILTY of domestic battery and reckless conduct and the defendant left the courthouse a free man.

Contact Chicago Criminal Defense Attorney Michael P. Schmiege today for a free consultation.

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