Ok, here it goes- I need to "charge" individuals in the following two scenarios- my notebook and text book from this class got stolen about a week ago, and I've had trouble looking up the definitions for crimes here on the PC.  Unfortunately, I'm tight on time so I'm asking for some quick help from some law buffs out there- they are supposed to be specific to IL, but any help would be appreciated.

1- Tom Brown, an ISU student is walking home fromt he library late one evening and stops in a liquor store.  While there, a large white male with brown hair and a beard begins to call him names such as "sissy with a backpack" and challenges Brown to fight, stating "come on little college boy, come outside and I'll kick your ass".  The brown haired man and his 2 friends leave the store, and head toward ace hardware.  Tom brown walks home, and sees the men near ace hardware, where a tall thing man with blonde hair is prying open the door.  Brown yels "hey, what are you doing" and the 3 men chase him.  They catch Brown and the male with brown hair tackles brown to the ground and begins t hit him.  The other two males hit and kick him, and the male with the brown hair takes his backpack with a laptop worth 2000 in it.  He suffers injuries but does not require medical attention.  Police catch/ID him blah blah blah.

What would you charge in this scenario?

So far I got Assault on the beard guy, Battery on all 3, attempted burglary on all 3, and robbery on the one guy for taking his backpack.  (assault and battery are 2 seperate crimes in IL)

Sound right?


SCENARIO 2

Lester Simmons and Martha Weiss once live dtogether and had a childe.  Martha got an order of protection against simmons (protect from going to residence and physically abusing her).  Martha has sole custody of child.  Martha is 8 months pregnant with another mans child.  Simmons got drunk one night and decided he was dgoing to take their child from martha.  He went to the residence, and she opened the door, thinking it was pizza delivery.  Lester pushed his way in throwing her to the ground, and kicker her and hit her in the head, knocking her unconscious.  He began to kick her repeatedly in the stomach.  He found 350 cash in a bedroom, and took it.  He found his 18 month old child in a crib, and carried him away, speeding down the road.  He got stopped for DUI, and admitted to the whole thing.  Martha spent 2 weeks in the hospital, suffering a concussion, 12 stiches, and bruising.  The fetus had a heartbeat.

This one is alot more tricky.  I got Home invasion, aggravated kidnapping (child under 12), agg battery, maybe attempted murder on the fetus (but he may not have known she was pregnant), and maybe burglary, since he took the cash.  I really dont know about this one.

What do you legal guys think?

i think senario one is just battery not assault.  They actually went through with the act if they just threatened to strike him like raising there fist then I would say assault.

usually battery is the unlawful touching of another with the intent to cause harm.

scenario two reminds me of a case where the man kills the baby and I believe they stated that killing a unborn mother is actually not murder

better check your local laws on that one though.

Assault and battery are two seperate crimes in IL, and you can be charged with both.  Assault is simply putting someone in reasonable apprehension of recieving a battery, which is what he did when he made the comment in the store...how does everything else look?

what about conspiracy charge for the first case?

and

definitely burgulary charges for the second, breaking and entering with intent to commit felony.


there are some typos in there, just making sure you realize it.

Quoted: what about conspiracy charges?

Yeah, could probably do that too.

First one sounds good, although that's kind of a mickey mouse assault.  Did he really put him in apprehension of an immediate battery?  Maybe.

Second one sounds okay too.  It's definitely burglary, and not for the cash; burglary is entering the dwelling with intent to commit a felony therein, so you have it for the kidnapping too.  And battery to a pregnant woman is aggravated battery, so there's another felony you could use as the predicate for burglary. If taking the cash was just a spur of the moment thing, it's actually not burglary as to that because he didn't enter with the intent to steal it.

"Martha got an order of protection against simmons (protect from going to residence and physically abusing her)" I'm guessing there is something in your PC about violating this order.

and I would think you could throw robbery in there too.

larceny + force (or perceived threat) = robbery...   at least in most states.

Thats where the second one gets tricky-

If I charge home invasion, can I also charge residential burglary?  They both kind of cover the same thing, but

I think number 2 should get

1- Burglary  (enter something, intent to kidnapp)
2- Aggravated Battery  (beat the snot out of ex)
3- Aggravated Kidnapping  (child under the age of 12 in IL I think is agg)
4- Not sure how to cover the taking of the 350, or if that may be encompassed in burglary...would theft be charged in this case?  He obviously had no intent on taking it.  It can't be robbery, since he didnt take it off of the ex...
5- Home Invasion- well, yeah, he entered the home...

Quoted: Martha is 8 months pregnant with another mans child.   (but he may not have known she was pregnant)

I'm just nit-picking but I'd think in general that a woman who is 8 months pregnant is going to look like she is pregnant.