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  1. #1
    Join Date
    Jan 2011
    Posts
    3

    Default How To Get More Serious Charges Filed Against a Defendant

    My question involves criminal law for the state of: Illinois


    I was recently at church when a man grabbed me and took a swing at me. He almost connected with my face but i stepped back so he only grazed it. I called the cops and all they did was give him a disorderly conduct ticket. They also did not tell him to leave the premises. I asked them why they did not arrest him or take further action, they said they did not have enough proof that he actually hit me. There were many eye witnesses to the event. But I decided not to argue with the officers further.

    After looking at the video from the church, you can clearly see the man swinging at me. I was wondering if there was any way I can get these charges moved up to assault. I do not think I am a plaintiff in the case but the state is. I am going to continue to go to church and if this man does not get some sort of a punishment (in my eyes, a $75 ticket is not punishment for shoving someone and trying to punch them), i feel as though he may try the same thing again.

    any help would be appreciated.

  2. #2
    Join Date
    Jul 2010
    Posts
    3,397

    Default Re: Disorderly Conduct Ticket- How to Move to Assault

    If he attends the church, he has as much right to be there as you do unless the church leadership chooses to send him on his way. If you truly feel he is that much of a threat, you should approach your church leadership about the issue. If they cannot make you feel safe, you may need to find a new place to worship. What was the underlying reason for his attempt to hit you?

    You can try contacting the supervisor of the officer who responded to see about upgrading the charges but sometimes it comes down to what they feel they can win. You stated the video only shows him swinging, not making contact, and you had no visible injuries. DC is winnable here although they could charge assault to get a plea but don't hold your breath.

  3. #3
    Join Date
    Jan 2011
    Posts
    3

    Default Re: Disorderly Conduct Ticket- How to Move to Assault

    I was videotaping the church services, which i have permission to do. And he (mr. x) got up, came over, and started to argue with me. And i told him to calm down and that the camera was not even in his direction but facing the opposite way. at this point he swings at me. From my videotape you can see him start to swing and then the camera goes all over the place because i tried to move out of the way. In the churches video tape you can see him swinging and you can see him hand hit my face (like i said he grazed my face).

    But the odd thing is that after i called the cops, Mr. X and a buddy(mr. Y) of his were trying to tell the cops that Mr. X did nothing wrong. And while they were talking to the cops a friend of mine walked past. and they told the cops my friend threatened to kill Mr. Y.This never happened. They just made it up. The cops arrested my friend but only gave Mr. X a disorderly conduct ticket. I find that to be pretty weird. Id think that trying to physically harm someone was much more serious than threatening someone. And yes i do feel as though he is a threat to my safety and well being because this incident occurred two weeks ago and last week Mr. X intentionally bumped into me and then began to curse at me. I have tried to stay non-violent but sooner or later i will snap and probably end up cracking him in the jaw. So i would like some sort of punishment to make him think twice before he does something next time.

  4. #4
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,175

    Default Re: Disorderly Conduct Ticket- How to Move to Assault

    Point is, what you "feel" is proper punishment, may or may not fit withing the statutory requirements; or it may be strategically wiser to charge him with DC and ensure a conviction rather than charge him with a higher level criminal act only to have it dropped later on because it falls short of what needs to be proven...

    You can make your feelings known to the prosecuting attorney, provide them with the evidence (video tape) that you have and let them do the job they get paid to do!

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    16,893

    Default Re: Disorderly Conduct Ticket- How to Move to Assault

    The bottom line is that you do not get to decide what he gets charged with; nor can you force either the DA or the police to charge him the way you want to see him charged.

  6. #6
    Join Date
    Jan 2011
    Posts
    3

    Default Re: Disorderly Conduct Ticket- How to Move to Assault

    yeah thats all i wanted to know. If i can talk to the prosecuting attorney and if he feels like doing something about it then cool. if not, i guess next time he tries something i'll just retaliate and break his jaw in half.

  7. #7
    Join Date
    Jul 2010
    Posts
    3,397

    Default Re: Disorderly Conduct Ticket- How to Move to Assault

    Quote Quoting jay44
    View Post
    if not, i guess next time he tries something i'll just retaliate and break his jaw in half.

    And then you may wind up in jail, depending on the circumstances. For instance, if he "bumps" into you and curses at you and you break his jaw...Hi ho hi ho it's off to jail you go. Are you an outside employee of the church or a member? As I pointed out earlier, speak to the church leadership about this.

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