A person commits an assault when, without lawful authority, he or she knowingly engages in conduct which places another in reasonable apprehension of receiving batter. 720 ILCS 5/12-1 (2012)
Interesting Point: The conduct needed for an assault charge, only needs to create the fear that actual bodily contact is about to happen.
Interesting Point: If the other person fails to notice the threatened use of force, there is no assault. People v. Tiller, 61 Ill. App. 3d 785, 795, 378 N.E.2d 282, 290 (5th Dist. 1978)
In order to be convicted of aggravated assault, there must be proof of: 1) conduct on his or her part in placing another in reasonable apprehension of receiving a battery, 2) an element of aggravation, such as where the defendant used a deadly weapon or know the individual assaulted was a peace officer engaged in his other official duties, and 3) possess the mental state for assault. 720 ILCS 5/12-2 (2012)
Interesting Point: A person commits aggravated assault when, in committing an assault, he or she knows the individual assaulted is:
- A physically handicapped person or a person 60 years of age or older
- A teacher or school employee on school grounds
- A park district employee upon park ground
- A peace officer performing his or her duties
- A correctional officer performing his or her duties
- A transit employee performing his or her duties
A person commits battery if he or she knowingly without legal justification by any means (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual. 720 ILCS 5/12-3(a) (2012)
Interesting Point: Any person who by any means causes bodily harm or makes insulting or provoking physical contact is liable for battery.
Interesting Point: Battery requires the mental state of knowledge meaning; the defendant either intentionally or knowingly causes bodily harm. People v. Barrington, 15 Ill. App. 3d 445, 447, 304 N.E.2d 525, 526-27 (3d Dist. 1973)
Domestic Battery and Aggravated Domestic Battery
A person commits domestic battery if he or she knowingly without legal justification by any means: 1) Causes bodily harm to any family member or household member; or 2) makes physical contact of an insulting or provoking nature with any family or household member. 720 ILCS 5/12-3.2(a) (2012)
Interesting Point: A “family or household member” includes blood relatives, persons who share or formerly shard a common home, and persons who have or have had a dating or engagement relationship. 720 ILCS 5/12-0.1 (2012)
Domestic battery becomes “aggravated domestic battery,” where a person in committing domestic battery “knowingly causes great bodily harm or permanent disability or disfigurement.” 720 ILCS 5/12-3.3(a) (2012)
Home Invasion elements (1) the entry of a dwelling place of another without lawful authority, (2) by a person who is not a police officer in the line of duty, (3) where he or she knows or should know that one or more persons are present, and (4) he or she, while armed with a dangerous weapon, threatens the imminent use of force or intentionally injures any person within the dwelling.
Defense: It is an affirmative defense to this offense that the accused, upon gaining knowledge of the presence of one or more person present in the dwelling, either immediately leaves or surrenders to the person therein without either attempting to cause or causing serious bodily injury to any person.” 720 ILCS 5/12-11(b) (2012)
Interesting Point: There is no requirement that the defendant completely enter the dwelling of another. People v. Troutt, 172 Ill. App. 3d 688, 670-73, 526 N.E.2d 910, 913 (5th Dist. 1988).—A conviction for home invasion was upheld where a defendant stuck his arm through a window.
Interesting Point: The crime requires the defendant know or have reason to know that one or more persons is present at the time of the unauthorized entry. People v. Hickey, 178 Ill 2d 256, 292, 687, N.E.2d 910, 927 (1997).
A person commits armed violence when he or she:
- commits any felony
- while committing the offense, (a) is armed with a dangerous weapon, (b) personally discharges a firearm, or (c) personally discharges a firearm that is a Category I or Category II weapon that proximately causes great bodily harm, permanent disability, or permanent disfigurement or death to another person. 720 ILCS 5/33A-2 (2012)
Defining a Dangerous Weapon:
- A Category I weapon is a handgun, sawed off shotgun, sawed-off rifle, any other firearm small enough to be concealed.
- A Category II weapon is any other rifle, shotgun, spring gun, other firearm, knife with a blade at least 3 inches in length, dagger, switchblade knife.
- A Category III weapon is a bludgeon, black-jack, slungshot, sand-bag, metal knuckles, billy or other dangerous weapon of like character.
Interesting Point: The mere presence of a weapon during the commission of a felony is enough for an armed violence conviction. People v. Shelato, 228 Ill. App. 3d 622, 626, 592 N.E.2d 585, 599 (4th Dist. 1992). –However, no armed violence occurred where a defendant was arrested in her apartment on drug charges and a gun was found on a coffee table in another room. People v. King, 155 Ill. App. 3d 363, 370, 507 N.E.2d 1285, 1289 (3d Dist. 1987)
Lesser Included Offenses: A single act may not result in multiple convictions of armed violence. People v. Del Percio, 105 Ill.2d 372, 375-78, 475 N.E.2d 528, 529-31 (1985).