June 25, 2024

Defending Against Battery of an Unborn Child Charges in Illinois

by Law Offices of David L. Freidberg, P.C.

Facing charges for battery of an unborn child in Illinois is a daunting experience that requires a thorough understanding of the legal landscape. As an experienced criminal defense attorney, I have defended numerous clients against these serious accusations. This article aims to provide a detailed overview of battery of an unborn child under Illinois law, the potential penalties, the criminal case process, and the importance of having a robust defense strategy.

The Statute and Its Implications

Battery of an unborn child is defined under 720 ILCS 5/12-3.1. This statute makes it illegal to intentionally or knowingly, without legal justification, cause bodily harm to an unborn child by injuring the mother. The law is designed to protect both the pregnant woman and her unborn child from harm resulting from violent actions.

April 10, 2024

Navigating Accusations of Domestic Violence in Chicago

by Law Offices of David L. Freidberg, P.C.

When facing allegations of domestic violence from a spouse, the situation must be handled with utmost seriousness and careful consideration. Domestic violence is a severe issue that affects numerous families across the United States. The legal repercussions of these allegations can be profound, affecting one’s personal reputation, professional life, and access to family.

The Impact of Domestic Violence Allegations

Domestic violence encompasses a range of behaviors that include physical abuse, emotional manipulation, economic control, and psychological tactics aimed at controlling or harming a partner. When a spouse makes such allegations, they are generally claiming to be victims of such behaviors, which can trigger a series of legal actions, including protective orders, custody battles, and criminal proceedings.

April 9, 2024

Understanding the Illinois Domestic Violence Act: Key Provisions and Legal Implications

by Law Offices of David L. Freidberg, P.C.

Domestic violence is an issue that affects millions across the nation, and Illinois has taken specific legislative steps to address this pervasive problem. The Illinois Domestic Violence Act (IDVA) is designed to protect family and household members from abuse by providing immediate legal remedies and long-term solutions. This comprehensive piece of legislation recognizes the complexity and severity of domestic violence, offering a multifaceted approach to prevent and address abuse in a household setting.

If you or a loved one have been accused of Domestic Violence, contact Attorney David Freidberg at (312) 560-7100 or toll-free at (800) 803-1442 for your free consultation.

Purpose and Scope of the IDVA

April 17, 2020

Cases of Domestic Violence Spike During Quarantine

by Law Offices of David L. Freidberg, P.C.

Last week, Kim Foxx announced that she would be shutting down operations for the domestic violence courthouse for 14 days after one of the employees tested positive for COVID-19. This is despite the fact that there has been a spike in domestic violence complaints during the shutdown.

As of the writing of this blog post, prosecutors had stopped hearing domestic violence cases in all but the most violent or dangerous of situations. The office assured those in difficult situations that they were setting up a means to field complaints by phone. Those in dangerous situations are currently advised to petition judges in civil court for injunctions, restraining orders, and more.

An Uptick Domestic Violence Hotline Calls

March 13, 2020

Lake County Councilman on Trial for Domestic Battery

by Law Offices of David L. Freidberg, P.C.

Monday, a judge delayed the trial of former Lake County councilman Jamal A. Washington. Washington is being charged for the third time with domestic battery. The initial date had been set for April, but Washington’s attorney asked for a continuance because he plans on calling more witnesses than he had originally listed.

The 46-year-old Washington has been convicted twice of domestic battery. In this case, Washington is accused of striking Gary Councilwoman LaVetta Sparks-Wade and holding her against her will for nearly 16 hours in her own home.

The continuance will allow the prosecution to depose the witnesses prior to the trial and allow the defense to introduce what is more than likely to be exculpatory evidence on Washington’s behalf.

February 28, 2020

Woman Under Investigation After Shooting Her Boyfriend

by Law Offices of David L. Freidberg, P.C.

Hours after sharing a meal together, an unnamed woman shot and killed her boyfriend, Steef Giovanni Corniel. The woman told police that Corniel had struck her several times and been physically abusive in the past. She said that Corniel had struck her while she was driving and later choked her at her apartment. He also threatened to kill her mother, according to the woman.

River Grove police chief Mike Konwinski believes the woman should be charged with murder, but Cook County State’s Attorney Kim Foxx says that there is not enough evidence to prosecute. Corniel’s family believes that the woman should be charged and in a statement, Corniel’s grandfather claimed that the killing was not self-defense, it was murder.

What Happened?

May 31, 2019

Details Surface Concerning Protective Order Against Mercy Hospital Shooter

by Law Offices of David L. Freidberg, P.C.

Juan Lopez, the man who gunned down a police officer and two hospital employees (one of whom was his former fiance) before turning the gun on himself, is now known to have had an order of protection filed against him by his ex-wife. The same day, the man entered her home, stole some of her property, and then destroyed everything else. His ex-wife told officers that the man responsible for destruction and theft had a key to the place and that she had a protective order issued for her husband. Detectives never questioned Lopez, however, who would have been the key suspect in any follow-up investigation.

Reports Unearthed Years After Shooting

The Chicago Tribune unearthed the report years after the shooting after an open records request. The details raised renewed concerns about how seriously law enforcement takes restraining orders. In this case, the wife had a restraining order against her husband and the husband appeared to violate that restraining order, in the process, committing a serious crime. However, police never followed up on the lead and Lopez went on to commit an even more serious crime.

March 1, 2019

What You May Not Know About Domestic Violence Laws in Illinois

by Law Offices of David L. Freidberg, P.C.

Because domestic violence is a very real and pervasive threat in the U.S., the Illinois legislature has concentrated on making domestic violence laws more stringent. Law enforcement in the state has created dynamic new policies. Prosecutors are now responsible for enforcing new laws in addition to ones that are already on the books.

Many people do not realize that the state files the criminal charges for domestic violence, not the victims. It is important that you have a clear understanding of the laws governing domestic violence and what may be ahead if you are convicted of such a crime. A Chicago domestic violence attorney can help assess your case and guide you through building your defense.

What You May Not Know About Domestic Violence Laws in Illinois

February 1, 2019

Illinois Laws on Domestic Violence or Abuse

by Law Offices of David L. Freidberg, P.C.

On January 21, an individual was arrested for allegedly kicking his girlfriend in the stomach and killing her unborn child.

A neighbor told police that she heard a woman screaming at approximately 3:30 in the morning on January 19 before calling authorities. A 19-year-old woman then informed law enforcement that she had severe pain in her stomach because her boyfriend kicked her multiple times after the two had an argument in their apartment.

After the altercation, the boyfriend, 22-year-old Kahlil Ellison, fled the scene but was swiftly apprehended and taken into custody by sheriff’s deputies. Authorities reported the argument was over a cell phone.

January 25, 2019

Aurora Woman Arrested for Aggravated Battery and Domestic Battery

by Law Offices of David L. Freidberg, P.C.

On January 16, 2019, an Aurora woman was arrested and charged with three counts of felony aggravated battery and three counts of misdemeanor domestic battery at Rush Copley Medical Center in Aurora. The charges were spurred by a video of the incident captured by a witness who in turn called 911. The woman is accused of dragging her five year old child by the hair and holding him down and pinching his neck, causing bruising, according to The Chicago Sun Times.

What are the Punishments for Aggravated Battery and Domestic Battery?

In Illinois, aggravated battery is a Class 3 felony and is punishable by a term of imprisonment of between two and a half to five years with a potential fine of up to $25,000. In certain cases, this sentence can be extended to up to 10 years if certain aggravating circumstances exist. A previous felony conviction within the last 10 years or if the battery is committed against a victim 12 years of age or younger are just two of the aggravating factors that can be considered. Domestic battery is considered a Class A misdemeanor (although it can also be charged as a felony in some cases) and can be punished with up to a year in jail and a fine of up to $2500. It is important to note that domestic battery is a misdemeanor that, upon conviction, even if you are sentenced only to court supervision, can not be expunged from your criminal record. This differs from many other misdemeanors and further exemplifies the seriousness of the charge.