Legal Question in Criminal Law in Illinois

Criminal Damage to property and trespassing by provocation

My wife is charged with criminal damage to property and criminal trespassing at her parent's house. Her father admitted to th police that he struck her physically, first. Her intention was to simply talk to her parents about their mistreatment of her brother and his family. When the father became enraged he began swearing at her, opened his outside door, struck her, then closed his door. When my wife left she broke a porch decoration. Can she be convicted of the above charges, or did he provoke her to anger by abusive language and battery? can't he be convicted of battery?


Asked on 2/22/02, 12:13 pm

1 Answer from Attorneys
David Shestokas Shestokas, & Associates

Re: Criminal Damage to property and trespassing by provocation

Odds are she is unlikely to be convicted of the criminal trespass unless her father had told her before not to come on the property, and it sounds like she left when she knew she was no longer welcome. As for the criminal damage to property, how the decoration was broken becomes important. She may have several defenses in that regard. Your wife could sign complaints against her father for battery under the scenario given. Should you wish to consult further, I can be reached at 630-243-0099

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Answered on 2/22/02, 3:50 pm


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