[talkndebz]

My question involves criminal law for the state of: IL

I was hunted down by my husband's ex wife in a public place. She approached me and put her hands around my neck choking me. When I filed a report with the police dept they had me put down "Aggravated Battery in a Public Place."

When the States Atty filed charges it was for Battery. States Atty mentioned once he reviews all police report info, charges may be changed.

In the meantime, I heard the ex is working out a deal with the States Atty so she won't lose her nursing license. I called the States Atty on this and he said yes, he is charging her with battery even after reviewing reports and as far as her losing nursing license he stated that is between her and nursing industry.

Is this possibly the way the States Atty is working a deal? When someone comes to hunt you down with intention of hurting you, wouldn't this be considered more than battery?

[aardvarc]

It would if there had already been a restraining order in place - but a one time incident, no matter how much "hunting" went on, doesn't constitute a pattern of conduct that would have raised it to a stalking incident.

[cdwjava]

The state has discretion to make deals. They make deals based upon a host of factors including the defendant's past criminal history, the extent of injury/damage to the victim, the propensity to re-offend, etc. The DA can choose to waste resources on a trial for a crime charged sufficiently high that he or she might not prevail on the elements of the offense, or, he can go for the slam dunk.

I suspect that the DA does not believe she will be a continued threat and has no sufficient criminal history to justify attempting to put her in prison or cause her to become unemployed.

If a protective order is not put in place as a result of the criminal conviction, you should seek a restraining order against her.

- Carl