[danthedan]

My question involves criminal law for the state of: Illinois
I was recently arrested for domestic battery and criminal damage to property because i broke my girlfriend's window in her car from the outside and she was in it, and the glass cut her. I broke the window to stop her from commiting a crime, because she was drunk and trying to call someone that there is an order of protection between them, and she had locked herself in the car. I didn't intend to use the glass to hurt her or anything. Well the definition of domestic battery includes this:

(a) A person commits domestic battery if he intentionally or knowingly without legal justification by any means: (1) Causes bodily harm to any family or household member as defined in subsection (3) of Section 112A‑3 of the Code of Criminal Procedure of 1963, as amended; ...

My question is, was the harm caused that night intentional and known by myself? Since i was not trying to hit her or physically abuse her. And did i have any sort of legal justification?

By the way she didn't need stitches or anything but there was blood. Thanks in advance.

[zedex]

My question involves criminal law for the state of: Illinois
I was recently arrested for domestic battery and criminal damage to property because i broke my girlfriend's window in her car from the outside and she was in it, and the glass cut her. I broke the window to stop her from commiting a crime, because she was drunk and trying to call someone that there is an order of protection between them, and she had locked herself in the car. I didn't intend to use the glass to hurt her or anything. Well the definition of domestic battery includes this


You may, with the help of a good attorney, be able to dodge the battery, but criminal damage will will most certainly stick.

The fact that she was drunk {or sober} and about to contact someone involved in a restraining order is no justification for damaging her property. Unless it is a violent crime you are attempting to halt, the court will pretty much tell you its none of your business.

How does one lock himself/herself in an auto?? If you are in it, you can leave it. There are several safety devises to assure that, less a crash involved causing severe damage. No use trying to use that one to dodge the criminal charge, either.


(a) A person commits domestic battery if he intentionally or knowingly without legal justification by any means: (1) Causes bodily harm to any family or household member as defined in subsection (3) of Section 112A‑3 of the Code of Criminal Procedure of 1963, as amended; ...

My question is, was the harm caused that night intentional and known by myself? Since i was not trying to hit her or physically abuse her. And did i have any sort of legal justification?

You broke the glass knowingly, right? You did it willingly to stop a call, right?


By the way she didn't need stitches or anything but there was blood. Thanks in advance.

From the sounds of it, maybe she was trying to call her former boyfriend and you were mad about that and in an effort to stop her, you broke the glass during the heated argument.And, I am sure that's how a judge and jury will see it

[cdwjava]

I suspect that case law has also refined it such that any actions on your part that was intentional and that the results of this action (the breaking of the window) caused injury, that qualifies. You are free to argue your stated defense at trial if you wish. Uh ... Good luck.

- Carl