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IL defense lawyerSexual assault is a felony crime in Illinois and can be considered a crime of domestic violence if the abuser is related to their victim.

Illinois law defines sexual assault as one person commits an act of sexual penetration without the consent of the other person involved. Another type of sexual assault is called “statutory rape” in which a person over the age of 18 years old engages in a sexual act with a minor - under 18 years old. Even if the minor gives consent, they are not considered old enough to be able to give proper consent and the adult can be charged with sexual assault.

According to Illinois Law

Illinois legislation reports that most cases of sexual assault are not even reported, let alone convictions made. Approximately only one in five reported cases end in a conviction; the number is so low because of the impact in which sexual assault takes on the victim.

Victims tend to face long-term mental scars after an attack. Not all of them are able to relive the trauma in order to bring their abuser to justice. Other cases do not end in conviction due to lack of evidence or false accusations.

Those that are convicted, however, face severe penalties:

  • First offenders are charged with a Class 1 felony punishable by a prison term of four to 15 years.
  • Second offenders are charged with a Class X felony punishable by either a lifetime prison sentence or a term of 30-60 years.
  • Aggravated sexual assault - if the offender uses a weapon, the victim is under 8 years old, or the victim is mentally disabled - results in a Class X felony punishable by a mandatory prison term of six to 30 years with the possibility of being extended to a life sentence.

Additionally, anyone convicted of sexual assault is required to register as a sex offender. In Illinois, a sex offender is required to register annually for a 10-year term. An offender only needs to register for 10 years unless they are labeled a “sexual predator” and then they will need to register for the remainder of their life.

Ways to Defend Allegations of Sexual Assault

Alleged sex offenders should hire an attorney who can investigate their case and avoid false convictions. It is not uncommon for victims to make a mistake and identify a wrong suspect during the investigation. Other times, a victim can falsely accuse an alleged abuser of the crime in order to get them into trouble.

Whatever the case, a lawyer will be able to learn the truth and build a strong defense:

  • There was consent: a lawyer could be able to prove that the defendant and their alleged victim consensually engaged in “hardcore” or “violent” sexual contact.
  • Mistaken identity: if an accused abuser shares physical qualities with a lot of other people, they can be mistaken for the actual criminal. A defense would be to find an alibi who can account for the accused’s whereabouts during the incident.
  • Insanity: a lawyer could prove that their client is not in the right state of mind to know right from wrong.

Contact an Elgin, IL Criminal Defense Attorney

A sexual assault conviction will change a person’s life forever. If the accused is an innocent person, they will have to face punishments unnecessarily. The lawyers of the Law Offices of Brian J. Mirandola are capable of making sure anyone accused of sexual assault can avoid a negative outcome to their case. To schedule a free consultation with a Kane County criminal defense lawyer, call our office at 847-488-0889.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K11-1.20

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3731&ChapterID=54

https://www.isp.state.il.us/sor/faq.cfm?CFID=146006236&CFTOKEN=7e765f6e95c15f6c-3D3AA5CD-D893-F221-E6E5D902A39087CE&jsessionid=ec30dd33bd14bbd52e956c26a622b604f405#register

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IL defense lawyerChildren living in a split-parent environment are more likely to be abused by a step-parent than a biological parent. However, it is not inevitable that a step-parent will abuse or neglect a child that is not theirs. Parents who are not living full-time with their children may be more protective and just want to know that their child is not suffering any domestic violence or neglect. If signs of possible abuse are detected, a parent can call the Illinois Department of Child and Family Services (DCFS) to start an investigation.

According to Illinois law, a parent is required to report possible abuse when the evidence is present. The law also requires doctors, teachers, law enforcers, day care workers, and any other persons close to the child to report possible abuse so that the child can be protected. If the abuse is not reported, those who failed to do so can face Class A misdemeanor charges.

The Reality of Domestic Violence

The Illinois DCFS has already reported a statewide total of 80,505 investigations of child abuse for the fiscal 2019 year. This number is just 1,000 less than the 2018 fiscal year, but is well over previous years.

This number gives parents a good reason to want to make sure their child is always safe when not under their protection. The best way to guarantee safety is to communicate with the child’s full-time parent. If there is a step-parent involved with the child, both biological parents can make sure there is no inappropriate conduct made between step-parent and child.

Defense Strategies

If a step-parent does find themselves fighting child abuse charges, there are several ways for them to prove their innocence:

  • Kids will be kids: small injuries such as scrapes, bruises or cuts could be explained as “play” injuries. Children enjoy climbing, running around, and other activities that could cause them to fall down to run into an object.
  • Accidental: things can happen if a child is running around a house, backyard or play park. If a small injury is reported, DCFS will look into any accidental falls that may have resulted in cuts or bruises.
  • Discipline: spanking is considered an act of child abuse when there is clear bodily harm done to the child. A light swat of the behind is different than spanking with a wooden spoon.
  • Religious reasons: parents with a sick child could be reported to DCFS if they do not take their child to a hospital for medical treatment. However, if their religion says they cannot seek modern medicine, that defense can be used to avoid charges.

Parents are still urged to report signs of abuse to DCFS even if the injuries were not sustained by the hands of a step-parent - or anyone else. Child safety is important and DCFS will take the time to thoroughly investigate each case.

Contact an Elgin, IL Criminal Defense Attorney

If you or someone you know is a step-parent facing charges of child abuse, the first step is to hire a lawyer from the Law Offices of Brian J. Mirandola who can investigate the evidence and build a defense. To schedule a free consultation with a Kane County domestic violence defense attorney, call 847-488-0889.

 

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1460&ChapterID=32

http://www.illinoisattorneygeneral.gov/women/victims.html

https://www2.illinois.gov/dcfs/aboutus/newsandreports/Documents/ESS_Protective_Services.pd

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Kane County Domestic Violence Lawyer

Every year, more than 10 million Americans are physically abused by an intimate partner. According to the National Coalition Against Domestic Violence (NCADV), this equates to one incident every 20 minutes. It is important to note many people accused of domestic violence are falsely accused.

Domestic violence charges can have a serious impact on your family law case and hurt your ability to gain future employment. If you have been accused of a domestic violence crime, it is important to seek skilled legal representation immediately. 

Domestic Violence Impact on Legal Matters 

The divorce process can be incredibly contentious, and in some cases, spouses try to use a domestic violence accusation as a way of gaining child custody or garnering a disproportionate amount of marital assets. According to the organization Stop Abusive and Violent Environments, allegations of domestic violence are made in approximately 25 percent of all divorce cases throughout the United States. 

In child custody issues, fathers often face an uphill battle going in, as only a small percentage of parents with sole custody are fathers. A domestic violence accusation can lead to a temporary restraining order, which may carry substantial weight in a family law case. According to studies conducted by SAVE, as many as 70 percent of all restraining orders are made on trivial or false grounds. It should be noted that 85 percent of restraining orders throughout the U.S. are issued against men. 

Legal Consequences of a Domestic Violence Conviction 

Outside of the potential impact on a family law case, a domestic violence conviction comes with serious legal consequences. Written within the Illinois Domestic Violence Act, a domestic battery conviction is classified as a Class A misdemeanor. If convicted, that can result in up to a year in prison, as well as substantial monetary fines. If you have been previously convicted of a domestic violence crime, it is possible your actions will be labeled as a Class 4 felony, which can result in a three-year prison sentence.

Contact a Kane County Domestic Violence Defense Lawyer

Attorney Brian J. Mirandola has dedicated his life to aggressively represent his clients, and help them through difficult circumstances and unjust allegations. With more than two decades of legal experience in Kane County, he has witnessed and fought against false accusations meant to cause the loss of custodial privileges, the seizure of assets, and jail time. To schedule a free consultation with an Elgin, IL criminal defense attorney that you can believe in, call us today at 847-488-0889.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2100

http://www.saveservices.org/camp/faam-2011/false-accusations-of-domestic-violence-by-the-numbers/

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domestic violence, Elgin criminal defense attorneyDomestic battery is a serious offense in the state of Illinois. It is also an act that can be reported by someone other than your spouse, child, or significant other. Mandatory reporters—those that are required to report acts of domestic violence to the authorities—can be found in schools, doctor’s offices, and hospitals. Thanks to a new law, you will now find potential reporters in the salon as well.

Beauticians and stylists will undergo training to help them learn how to talk to victims of domestic violence. They will not face legal ramifications if they do not report suspected abuse, but they will be encouraged to do so when the situation is appropriate. The goal is to ensure that victims who really need help receive it, but not all people who are reported have actually abused someone. In fact, false allegations of domestic violence and abuse are rather common - more common than most people realize. What might a false reporting mean for you and your family?

When Mandatory Reporting Leads to Criminal Charges

Although mandatory reporting does not always lead to criminal charges, it can. The authorities may be notified, and if there are children, investigators from the state may show up at your door as well. The end result could be criminal charges for you, and possibly even a restraining order that may keep you from your family. If you have not done anything wrong, this can be a jarring experience—one that is frightening and confusing.

Alternatively, a beauty worker may encourage your significant other to make a statement with the police, even if they do not fully understand the situation. This, too, can result in criminal charges and a restraining order. It can upend your family and your life and may even result in long-term consequences, including difficulty finding employment, loss of parenting time or allocation of parental responsibilities in divorce cases, and more.

Protecting Your Rights in the Face of Domestic Battery Charges

If you or someone you know is facing criminal charges for domestic battery, it is critical that you seek experienced legal assistance. An attorney can protect your rights, help you fight for your family, and will work to achieve the most favorable outcome possible. Learn more about how an Elgin criminal defense lawyer can help with your domestic battery charges case. Call 847-488-0889 and schedule your confidential consultation at The Law Office of Brian J. Mirandola today.

Sources:

http://www.chicagotribune.com/news/ct-hairstylists-domestic-violence-met-20161216-story.html

https://www.futureswithoutviolence.org/userfiles/Mandatory_Reporting_of_DV_to_Law%20Enforcement_by_HCP.pdf

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Posted on in Domestic Violence

domestic battery, Kane County family law attorneyDomestic battery is considered a serious offense in the state of Illinois, and those who are convicted can face heavy penalties. Even first-time offenders with no previous criminal record can experience permanent effects that impact their daily lives. If you are facing domestic battery charges, understand these potential consequences, and how you can most effectively protect your future.

What Is Domestic Battery?

Illinois state law defines domestic battery as intentionally or knowingly causing bodily harm to another family member, or intentionally provoking or threatening a family member in a way that makes them believe you may cause them bodily harm. This can extend beyond those that live with you and may include:

  • Spouses or former spouses;
  • Parents;
  • Children or stepchildren;
  • Current or former roommates;
  • Current or former live-in partners;
  • Current or former intimate partners;
  • Anyone you share a child or alleged child with; or
  • Any other person with whom you may have had a personal, familial, or intimate relationship.

Criminal Classification of a Domestic Battery Charge

First-time domestic battery is considered a Class A misdemeanor in the state of Illinois. Subsequent offenses are considered a Class 4 felony, as are charges involving the violation of an order of protection. Furthermore, there may be aggravating factors that can bump your misdemeanor domestic battery case up to a Class 4 felony case. An experienced attorney can help you understand these factors and determine if they may apply in your situation.

Consequences of a Domestic Battery Conviction

Conviction of a domestic battery charge carries serious consequences, regardless of whether you are facing a misdemeanor or felony charge. Some can significantly and permanently affect your life. For example, a misdemeanor domestic battery charge may only result in up to a year in jail and fines of up to $2,500. However, the conviction can never be expunged or sealed from your record. That means that every employer who does a background check will see your conviction. If you are facing a felony charge, you could spend up to three years in prison, and you will have a permanent felony on your record, which can limit where you live and work.

An experienced Kane County criminal defense attorney will work hard to protect you from the consequences of a domestic battery conviction. Experienced in handling these complicated cases, we will search for any and all possible defenses that may work for your situation and use them to gain leverage in your case. Get the aggressive representation you deserve. Contact us today to schedule your free initial consultation.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.2

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