QUESTION

If someone commits aggravated battery and the victim chokes them in order to restrain the assailant, is the victim able to be punished??

Asked on Apr 05th, 2012 on Domestic Violence - Illinois
More details to this question:
A family member, the assailant, took a 12"+ screwdriver and attempted to stab said victim. The victim proceeded to try to restrain her, to prevent a stabbing, and ended up choking the said assailant, until they stopped swinging and fighting back; This was after other restraint methods were attempted. Now, the assailant is trying to say that it was attempted murder, even though she was trying to stab the victim with a screwdriver (she also attacked first, multiple times). The victim did not hit her or beat her; Their only intent was trying to restrain her because she attacked someone, within the home, that had just gone through surgery and entered the situation unknowingly, then the assailant proceeded to attack him, the victim. We have filed a police report but have not yet pressed charges due to circumstances with family; This assailant denied any involvement to the police officer, yet has expressed to her family that she was choked. (This is also recorded on an answering machine).
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1 ANSWER

Lori G. Levin
  In your question, you gave a complicated fact pattern. The person who you state is the victim has filed a police report and is on record. If the police contact that person again as part of a police investigation instigated by the person you state is the assailant, the victim should not discuss the case without the benefit of an attorney.   Self defense is a real defense under Illinois law. Persons should not act as their own attorney in dealing with the police, however. An experienced criminal defense attorney can best advise your family member. Please understand that answering questions on the internet should not be considered legal advice nor the beginning of an attorney client relationship. Complicated facts need to be addressed by an attorney who has the full range of facts, as well as law, at his or her disposal. Lori G. Levin Attorney at Law 180 N. LaSalle, Suite 3700 Chicago, IL 60601 312-972-3756 levin@lorilevinlaw.com www.lorilevinlaw.com
Answered on Jul 30th, 2012 at 6:38 PM

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