Crimes against a person, or crimes involving offensive, unwanted touching, harassment or intentional bodily harm, will typically result in criminal charges in Illinois. Assault, battery, kidnapping, rape and harassment are all against the law and could result in significant jail time, probation, fines and other consequences upon conviction. Successfully defending against these serious charges may save you from these consequences and allow you to resume your normal life.
The criminal defense strategy used for each case will depend on the specific facts of the case. However, there are some general strategies that are effective to fight violent crime charges. For instance, many assault and battery charges have been dropped when the defendant’s attorney argued that the defendant acted in self-defense. If you can establish that you could not escape the situation, did not provoke or instigate and acted due to a reasonable, real and perceived fear of harm, the self-defense strategy could be successful. You could also argue that you acted while under duress in a situation like, for example, if someone was holding a gun to your head.
You can also defend against violent crimes by establishing the alleged victim’s consent or a lack of intent on the part of the alleged perpetrator. For example, in a kidnapping case, you may be able to argue that the purported victim consented to being taken and moved. In cases involving child custody, it is also quite common that one parent did not fully understand the terms of the custody agreement. In such cases, it could be argued that there was no intent to wrongfully take the child and that it was just an honest mistake.