Domestic Battery – NOT GUILTY OF DOMESTIC BATTERY AFTER TRIAL

My client was charged with domestic battery against his girlfriend. He also had an order of protection against him from the same incident. He was accused of punching her in the face, arms and legs. The Chicago Police Department had numerous photos of her injuries and the victim had her own photos as well. Under the Domestic Battery statute, a person is not eligible for supervision for a domestic battery. My client had a very good job which would have fired him with any kind of conviction. The prosecutor would not reduce the charges of domestic battery to a lower charge of simple battery so we went to trial. At the trial, I made the victim admit that she was more “friends” with the Defendant than a boyfriend/girlfriend relationship. She admitted to me that it was only a casual sexual relationship. In my closing arguments I pressed the fact that this was not a “domestic” type of relationship was caused the harsher penalties. The judge agreed. She found my client not guilty of the domestic battery, but found him guilty of simple battery. However, I argued that he was a perfect candidate for supervision and no conviction. The judge agreed and sentenced him to 1 year supervision. This supervision was also non-reporting! I also argued that since the judge was convinced that this was not a “domestic” relationship that the order of protection should be dismissed as well. She agreed. Order of protection was dismissed. This is a win in my book!