Battery Laws in Illinois

[faithjoy]

My question involves criminal law for the state of: Illinois.

My boyfriend and I live together. Last night his brother came over to our house drunk and wanted to hang out and spend the night. His brother and the 28 yr old nephew were the only ones drinking. Right before bedtime, he got mad at my dog and tried punching her. I got in the middle and ended up scratching him (two 1/2" marks on his face) to get him off my dog, who was trying to bite him (she didn't). My best description would be he was trying to punch around me- he never punched me directly. Is this self defense? Did I do anything illegal?

I took my 2 dogs and left and spent the night at my sisters. My boyfriend was trying to kick him out of the house when I left. I did talk to him and his 2 nephews (16 & 28, who live with us- both witnesses) when I got to my sisters. The neighbors ended up calling the police because he was yelling outside after he got thrown out. He then wanted to press charges on me for scratching him (not hitting).

I was told to call the cops today to tell my side of the story (same as nephews and boyfriend told them). I did this morning, and was told an officer would come by, when they did, they immediately read me my right and arrested me for a warrant for battery.

I never did get to tell my side, I tried in the cop car, but they turned the music up, so I shut up. I behaved civilly the whole time, and was never rude or cussed. I went to jail and bonded out. Should I try to contact the police dept. to tell my side of the story? Or just hire an attorney? I don't have a lot of money, is a public defender safe to go with?

None of us involved have ever been in any trouble previously. We live in a prominent part of town, which may explain the quick to get this over, no time for me to explain part?!?

[fcel]

I would hire an attorney immediately however it sounds like you confirmed to the police that you attacked him, albeit to protect your dog. Were there any injuries to the dog? It doesn't matter that you scrathed him versus hitting as it's still battery, visible on his face, and the police probably have photos.

You probably should have called the police when he was going after the dog. Your lawyer may be able to prove that injuries to your boyfriend's brother were sustained while preventing another crime - animal cruelty.

[faithjoy]

No, the dog is fine, she's a big dog, she wanted to attack him, I was trying to prevent that and him hitting her at the same time. I can't even say for sure that I scratched him, and/or that the dog didn't- it happened so fast, and he was scratched 30 seconds later- he said I did it? I might have.

[fcel]

Did your boyfriend and nephews tell the police that you scrathed him or that the dog did?

[faithjoy]

They said just that he was scatched at the end of it- they couldn't tell. We have 4 dogs that weigh 75-130lbs, and one was trying to bite him, and 2 were just in the way barking. I don't think any of us knows for sure, including the brother because he was drunk. I was mainly trying to see if defending the dog is a valid reason, because I very well may have scratched him, the whole thing lasted maybe 30 seconds, and was pretty quick. Also, he has been leaving voicemails on my boyfriends phone, 3 total tonight, he is drunk and is sayng he is going to kill me and all 4 dogs. My family is suggesting to get an OP. Should I? Or will it look like revenge? Also, last night after I left, he punched 2 holes in the wall. We weren't going to press charges before, but should we now? I don't want to look like someone "out to get him now" but I also don't want to be too nice and get in trouble myself.

Also, no photos were taken that anyone knows of, he talked to the police here, he had an ambulance called, and they put neosporin on it and released him.

[fcel]

Damaging property and leaving death threats on voicemail are both crimes. You could file a police report based on this. I'm not sure it would help your case because you both would be tried separately for separate crimes, assuming he gets arrested. You should be contacting a lawyer to discuss your defense since an arraignment is pending. You'll need to collect the police reports as well to find out who said what. If you were trying to defend the dogs from a guy that was drunk and trying to 'punch the dog around you' and you accidentally scratched him then your lawyer could tell you how that might fly in court given the other statements witnesses made to the police - ambulance workers, boyfriend, nephews. Sounds like an accident.

I'm not sure that a judge would be partial to you 'not knowing' if it was the dog or you who scratched the brother.

[newuser2009]

By now, this person has probably talked to a lawyer; and the case may already be resloved.

I'm not a lawyer. (In fact, I understand most of this from being a battery defendant, and I chose to plead out for court supervision.)

To begin, you don't need to hit or harm someone in Illinois to commit battery. You also commit battery if you knowingly make physical contact with a person that is insulting and provoking and without consent or legal justification.

As this person describes it, she had legal justification on two grounds:

Article 7 of the Criminal Code of 1961 provides that one is justified in using reasonable (and non-deadly) force to defend real (other than a dwelling) or personal property against criminal or tortious interference. A pet dog is considered personal property, and a person who is trying to punch a dog is trying to damage the dog. That is both criminal and tortious (a wrong against society as whole, criminal damage to property, and the owner as an individual, probably trespass or conversion and/or negligence).

Further, force may be used in defense of another person. And the dog was going to defend herself by biting. Therefore, this person was actually using force to defend the person about to be bitten.

Also, you have legal justification if your conduct was necessary--basically if you had not acted as you did, something public policy considers to be worse would have happened. (An example: had one not broken into the house to use the phone to call 911 for someone who got run over by a car, the person would not have had prompt help and might have died or had a worse outcome.) Here, it was worse for the dog to be punched (both for reasons of property damage and humane reasons; in fact, it was probably an attempt to commit creulty to an animal, a crime) and for a person to be bitten by the dog.

So, if things were as described, this person acted reasonably and did nothing criminal.

I tend to believe the prosecutor did not file a charge in this case. I can't believe a warrant even issued.

But three rules:

1. You might have to bring up justification as a defense at trial.
2. Even if you seem to have justification, it can still be claimed the force was not reasonable or was insulting and provoking.
3. When force is used, people exagerate and lie (cops included).
4. Police and prosecutors are two of the lowest froms of life, both in terms of ethics and of intelligence. They care not about justice. And Kevin Lyons and Stewart Umholtz are standouts in that regard.

I should also add, that it does not seem as if this person made contact on purpose--she was in the middle with someone trying to punch around her--if contact was an accident, no battery. Also, even though the person was tying to punch around her, there was still a threat he might hit *her*--by accident or intent. And she had very good reason to be between him and her dog.

[faithjoy]

Sounds like you are in Peoria County too! I have not gone to court yet, and it looks like I won't have money for an attorney, but I hope you are correct. Maybe charges will be dropped by the time I go to court?

[newuser2009]

Sounds like you are in Peoria County too! I have not gone to court yet, and it looks like I won't have money for an attorney, but I hope you are correct. Maybe charges will be dropped by the time I go to court?

No. I'm acoss the river. But I've been there--done that. And I hear Lyons is worse.

I'm sorry to see that you don't have the money for a lawyer. Could you borrow money from someone and pay back over time? Could you work out a deal where you can pay a lawyer on time? A lawyer here can almost be classed as a necessity. Try to see if Brain Addy (Addey) will do that. He's in Pekin and East Peoria. If the state wants jail time, you can get a public defender. But it probably won't. Try calling the Peoria County Bar Association and the Illinois Bar Association. (Could you talk one into doing it pro bono--in the public interest.)

Do you know if the SA's office filed a charge? Without a bug in its ear, it's likely that it did--or will. If a charge is filed it's not likely to be dismissed--as my lawyer told me, once they file a charge, they defended it; they don't care about justice.

Do you have the police report? You'll want that. You'll also want the warrant application. Be prepared as both might just as well start "once upon a time."

Most likely, when you go to court, you'll be offered a fine and court supervison for a guilty plea.

If what you said is true (and you can back it up), the only thing I can see that might be argued is that you went too far clawing him in the face. But I can't see how it can be proved beyond a reasonable doubt that you did it intentionally or knowingly--or even at all.

*You really need a lawyer.*

BTW, in my case, if the SA had not charged what was charged--long story--one of the things that would have been argued is the law that defines battery when read along with Article 7 of the Criminal Code of 1961 is vague as applied. Beyond creating a distinction between "deadly" and "non-deadly" force--Article 7 really offers no one much notice as to what sort of force may--or may not be used--in a defense situation. It's true common sense allows one to see some things are within the hard core of the statute. But in many cases what is battery seems to be quite a subjective thing.

P.S. It should be pointed out that had the "victim" been in any reasonable frame of mine, he would have been retreating--not standing and punching--as the defendant was trying to restrain her dogs.