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)
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'll assume you are doing this for a class and these are all hypotheticals.
Look here for the Criminal Code:
I take it that you are looking for crimes that these guys can be charged with (as opposed to civil lawsuits Tom Brown could bring against them).
Assault, Battery, Attempted Burglary (unless they got a body part inside -- then Breaking and Entering possibly), and Robbery all sound plausible crimes, but I am not a criminal lawyer, so...
Sec. 12‑6. Intimidation.
(a) A person commits intimidation when, with intent to cause another to perform or to omit the performance of any act, he communicates to another, whether in person, by telephone or by mail, a threat to perform without lawful authority any of the following acts:
(1) Inflict physical harm on the person threatened
or any other person or on property;
-- (Criminal) Tresspass (to the hardware store)
-- Criminal damage to property
-- Disorderly conduct?
Adding to what you have:
-- Perhaps criminal contempt in violating the order of protection?
-- Criminal tresspass
-- Burglary (he entered intending to commit a felony -- kidnapping -- doesn't matter if he took the cash for purposes of burglary)
-- Larceny/Armed Robbery for the $350
-- Reckless conduct by speeding / DUI with baby in the car
-- maybe even attempted murder or attempted manslaughter (if there is such a thing) for kicking the shit out of the girl when she is down.
-- of course the obvious: DUI and speeding
That's all I've got.
Edit to add: When I first read your post, I thought YOU were the one in the hypothetical and my response began with: " What the hell kind of neighborhood are you living in?!?!!?"
At 8 months, he knew she was pregnant unless he's blind. Even then, she's a whole lot bigger than she used to be.
Sit 2 you can go for Agg Domestic Battery since they once lived together, the fact that they had a child together will help make this charge stick. Violation of the OP since he was most likely not allowed within 500 feet of Martha. I'm sure I could find more but that would require me to dig up my west's book and reread some of the statutes.
Awesome, thanks guys! Got what I needed
SCOTT, DID you get some chick pregnant??
Don't forget Mob Action on the first scenario.
What would you charge in this scenario ?
* * legally i dunno
tactically - 6 bullets 2 , 2 & 2
and the bearded guy 1st for calling Tommy a sissy