By Samuel Partida, Jr.
People v. Davidson, 2023 IL 127538 (January). Episode 860 (Duration 7:28)
Determining the “essential characteristics” of the physical contact requires a consideration of the surrounding context. To the extent the appellate court in Ward held that the inquiry is a subjective question, that decision is overruled. See People v. Ward, 2021 IL App (2d) 190243, ¶ 50.
[Read more…]By Samuel Partida, Jr.
People v. Castillo, 2022 IL 127894 (November). Episode 858 (Duration 7:18)
Illinois Supreme Court says public property in the aggravated battery statute means the property must be owned by the government.
[Read more…]By Samuel Partida, Jr.
People v. Allen, 2020 IL App (2d) 180473 (November). Episode 833 (Duration 7:19)
A purely sexual relationship is likely also a dating relationship.
[Read more…]By Samuel Partida, Jr.
People v. Isbell, 2020 IL App (3d) 180279 (September). Episode 817 (Duration 4:01)
Moffett says insulting and provoking contact is expected from bodily harm, but bodily harm is not necessarily expected from insulting or provoking contact.
[Read more…]By Samuel Partida, Jr.
In Illinois assault and battery are two completely different crimes. There is no single crime known as “assault and battery.”
[Read more…]By Samuel Partida, Jr.
The Illinois criminal charge of battery, ILCS battery, is listed under 720 ILCS 5/12-3. The law says,
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