Assault & Battery Illegal arrest for simple battery?

[lawless]

We really need your help!.My friend accidentally knocked this girl's glasses, they were arguing, they called the cops and he was arrested, and charged w/simple battery, he never actually physically touched her, but the person who pressed the charges, according to the police report was the friend of the girl w/glasses, that was w/her at the moment of the incident, she was also taking part in the heated conversation, .... can a different person, other than the "victim" press charges? is that possible? is that legal? this happened in Illinois

thank you

 

[CdwJava]

Yes, they can.

If the victim does not want anything done, chances are the DA will drop the charges.

In the meantime, the suspect should consult an attorney.

- Carl

 

[lawless]

thanks, but let me see if I explained myself,

A and B argue, C is watching and eventually takes part in the arguing. A accidentally knocks B glasses, B thinks there is physical contact, calls the police, but at the end C who had nothing to do with the whole "physical contact" (which is grounds for Class C Misdemeanor) presses charges against A.

B didn't press charges against A, but C did.

Can C press charges against A? even though C didn't receive the "battery"? is that still possible, legal?
thank you again

 

[CdwJava]

It may depend on your state. In my state, a person can make a private person's arrest for any public offense committed in their presence. And, what you describe is, arguably, a battery (knocking glasses off IS physical contact - they didn't fly off with a breeze).

- Carl

 

[lawless]

thnks Java, ok, it's battery, but our concern was the fact "C" (if it were IL's case) is acting like a "private person". If this private person thing is not allowed in IL, then the arrest was illegal?

Thanks

 

[CdwJava]

But it IS allowed in Illinois:

(725 ILCS 5/107‑3) (from Ch. 38, par. 107‑3)
Sec. 107‑3. Arrest by private person.
Any person may arrest another when he has reasonable grounds to believe that an offense other than an ordinance violation is being committed.
(Source: Laws 1963, p. 2836.)​

So, if a private person sees another person thumping someone, he can make an arrest.

- carl

 

[lawless]

ok, it's. Now pardon our ignorance but when you say "make an arrest" or the law says "may arrest another" does it mean they can press charges when the police arrive, and the police arrest us, like our case, ?,

They(private persons) don't literally arrest you, do they? I mean that's wasn't our case.

Thank you

 

[jacksgal]

Sure they can its called "Citizens arrest". My husband once worked at a rehab center and a drunk former resident showed up and took a swing at him. The only way Poice would arrest him was if my husband arrested him for the attempted assault.

 

[CdwJava]

ok, it's. Now pardon our ignorance but when you say "make an arrest" or the law says "may arrest another" does it mean they can press charges when the police arrive, and the police arrest us, like our case, ?,

They(private persons) don't literally arrest you, do they? I mean that's wasn't our case.

Thank you

Sure they do ... or they can. Whether they are allowed to use reasonable force to effect the arrest, I can't say. In my state, it is not specified, but reasonable force is generally acceptable and a private person's arrest may be effected by the person either making the pronouncement or by signing a document indicating a desire to place the person under arrest and handing it to the officers.

- Carl