Legal Question in Criminal Law in Illinois

son charged with battery

my son was arrested for battery in grundy county illinois, he is 17 years old. my son and a friend, while driving in my sons car, had thrown a firecracker on another teens lawn.

That other teen apparently followed my son's car or knew where to ''catch'' him. Approx 15-20 mins. after the firecracker incident, and more than 1 mile away, my son stopped his vehicle to drop off his friend in front of his friend's house. The ''other'' teen approached my sons car and yanked open his drivers door and attempted to drag my son out. My son, obviously startled, put the vehicle in reverse to escape bodily harm and fled the scene. The '' other'' teen fell down and recieved a minor injury(not hospitalized). The other teen called the police and filed battery charges. my son was arrested and charged with battery, the police saying it was his fault because of the firecrackers. It seems that the actions of the other teen, pursuing my son and trying to enter his vehicle-are the proximate cause of his injury and clearly not a case of battery. Also my son leaves for army basic training in 5 weeks and this could jeopardize his military service. I intend to talk to the states attorney to drop the charge. Is this a case of battery or not?


Asked on 4/23/08, 3:23 pm

2 Answers from Attorneys
David Shestokas Shestokas, & Associates

Re: son charged with battery

In the first instance it is possible that the use of the vehicle could constitute a battery. However, it is likely that the "other's" opening the car door was a battery as well, since an unpermitted touching of an object in contact with another party falls within the battery parameters as well. In that case it would appear that your son's actions were a reasonable response and self defense. Since your son is an adult for criminal law purposes, the state will not negotiate with you. In my experience, the military will not take a person with pending charges, or under court supervision until that supervision is over. He needs an attorney to expedite this matter. If you have further questions please visit our website at http://www.shestokas.com/Ask_an_Attorney.html We regularly go to Grundy County.

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Answered on 4/23/08, 10:38 pm
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: son charged with battery

First of all, the State will not talk to you about your son's case unless you are a lawyer. Even a parent cannot represent a child. Having said that, the factual situation is somewhat complicated. However, it does not seem to be a battery to me. The other young man became the aggressor. I tell people to never listen to the police when it comes to the law. Ask a lawyer. The police don't know what they're talking about. After they make an arrest, they are just witnesses. They have no say in court. Please call for a free consultation.

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Answered on 4/23/08, 3:39 pm


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