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  1. #1
    Join Date
    Aug 2020
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    Default Assault/Trespassing

    My question involves criminal law for the state of: Illinois

    So what ended up happening was my girlfriend who still lives with her father invited me over to stay the night. She gave me permission to come and stay there without her father knowing. We where both asleep and her father comes into her room for an unknown reason and I guess seems me there. He then grabs me by the throat and says he’s going to kill me while throwing various other threats at me. He then leaves the room to go grab a knife out of the kitchen i presume when my girlfriend is telling me to grab my stuff and run I make it to the front door and he catches up, then he again grabs me by the throat and threatens me more before I make it out the door and run. If he decides to call the police who would have grounds to press charges. I understand under section 63 of trespassing you can’t be on someone’s property without permission but a legal resident my girlfriend gave me permission to be there, and when he was chocking next and threatening me I didn’t fight back in anyway.

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Assault/Trespassing

    Section 63 of what? Trespass in your state is 20 ILCS 5/21-2. The only section 63s I found with regard to trespass are for other states (NC and LA).

    You are correct that Illinois law only covers you entering the property without lawful authority. Being invited by a resident with no other notice to the contrary would be a defense to that. The police only need probable cause to start the prosecution. It's not sure whether that would have existed here or not. It's also illegal to remain on the property after the father told you to get out (again, unclear from your story whether this happened).

    My guess is if he didn't call the police immediately, he probably isn't going to, and they're unlikely to commence a prosecution in such circumstances anyway.

    If the police contact you or charges are filed, you'll need an attorney.

  3. #3
    Join Date
    Jun 2006
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    Massachusetts
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    24,521

    Default Re: Assault/Trespassing

    I want to know how old the young lady is. Are we talking about a minor, a college student who's home for the duration, or a 35 year old?

  4. #4
    Join Date
    Aug 2020
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    2

    Default Re: Assault/Trespassing

    I did leave the property after he found me there as he was threatening my life and physically assaulting me, I have pictures of physical damage he caused to me.

    Me and the girlfriend both are 18 and just graduated high school.

  5. #5
    Join Date
    Mar 2013
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    18,340

    Default Re: Assault/Trespassing

    Me and the girlfriend both are 18 and just graduated high school.
    Proof that high school doesn't teach common sense.

    I'd have choked you, too, if I found you in my 18 year old daughter's bedroom at night.

  6. #6
    Join Date
    Feb 2020
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    750

    Default Re: Assault/Trespassing

    Quote Quoting mumumu45198
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    I did leave the property after he found me there as he was threatening my life and physically assaulting me, I have pictures of physical damage he caused to me.

    Me and the girlfriend both are 18 and just graduated high school.
    It is probably true that the father is guilty of assault and battery, since he was very aware that you were invited into the house and that you were not there to physically harm anyone. But, perception is nine-tenths of the law. In that, the police will likely not press charges against the father because the cops can relate to the assault.

    Laws don't mean much when the cops agree with an assault. Similar to what we are seeing in the headlines these days.

    Quote Quoting adjusterjack
    View Post
    I'd have choked you, too,
    Big talker...not seeing first who you're going to choke out.

    He's 18 with fast-twitch muscle fiber and the balls to enter a house in the middle of the night, and you are retired. My money would be on the OP.

  7. #7
    Join Date
    Mar 2013
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    18,340

    Default Re: Assault/Trespassing

    Quote Quoting Harold99
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    He's 18 with fast-twitch muscle fiber and the balls to enter a house in the middle of the night, and you are retired. My money would be on the OP.

    Whatever.

  8. #8
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Assault/Trespassing

    Quote Quoting mumumu45198
    View Post
    If he decides to call the police who would have grounds to press charges.
    The district attorney.

    If I were you, I'd chalk this up as a lesson learned. Getting in bed with your girlfriend under her father's roof, without his knowledge and consent, was utterly moronic.

  9. #9
    Join Date
    Dec 2009
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    Lake Chapala
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    3,043

    Default Re: Assault/Trespassing

    Quote Quoting adjusterjack
    View Post
    Whatever.
    like button

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