Kane County Nuggets

Internal education and training for the Kane County State's Attorney's Office.

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Insulting or Provoking Contact Is An Objective Standard Measured Under The Circumstances

February 2, 2023 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. 

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Filed Under: Battery Tagged With: Illinois Supreme Court, Insulting or Provoking

Public Property In An Aggravated Battery Means Government Must Own The Property

January 16, 2023 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.

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Filed Under: Battery

Purely Sexual Relationship Can Constitute A Dating Relationship

November 2, 2022 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.

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Filed Under: Battery Tagged With: Domestic Violence, Family or Household Member

Speedy Trial Violation Here Because Bodily Harm Is Not Expected From Insulting Or Provoking Contact

September 12, 2022 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.

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Filed Under: Battery, Speedy Trial

Assault vs Battery | Difference Between Assault And Battery

March 20, 2020 By Samuel Partida, Jr.

What exactly is the difference between assault and battery?

In Illinois assault and battery are two completely different crimes. There is no single crime known as “assault and battery.”

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Filed Under: Battery

Illinois Battery Penalties And Fine

March 20, 2020 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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Filed Under: Battery

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