I was arrested in Cook County for Domestic Battery - Bodily Harm. There was no physical contact for the "touching of an insulting or provoking nature" stipulation in 720 ILCS 5/12-3.2(a)(2) nor was there any bodily harm-12-3.2(a)(1)-as stated In re J.A. "...some sort of physical pain or damage to the body, like lacerations, bruises or abrasions, whether temporary or permanent, is required." People v. Mays, 91 Ill. 2d 251, 256 (1982). A liquid aerosol substance made contact with the V's long hair. Hair cannot feel pain. Informed police of this & that there is video of the event; police refused to see. I was still arrested. I am Pro Se. Can victim's prior criminal conduct & demonst. evid. of threats toward D be used to establish D's credible belief of V's threatening behavior at trial?
If your are trying to establish the affirmative defense of self defense then you may be able to bring in proofs to establish your defense. You should consult with an experienced criminal defense attorney in Il to consult with you on the applicable Il law in this area.
A victim's prior criminal conduct is not sufficient evidence of her lack of credibility or the reasonableness of your belief of her threatening behavior. This apparent allegation of self-defense will be unsuccessful. Furthermore, your argument about hair not having feeling is misplaced. Something sprayed into another's hair is sufficient to sustain a charge a battery. You are in over your head. You would be much better served by hiring an attorney to assist you with your defense. At the very least you should consult with a criminal defense or domestic battery defense attorney who can provide you guidance as to how to present your case even if you choose not to have an attorney at your hearing. However, you proceed at your own peril if you persist and representing yourself.
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You have the touching requirement wrong. First you have to defend on self defense or "I didn't do it"
If the CW has a propensity for violence, you will get a chance to prove it but you may need witnesses as opposed to convictions.
You have a problem with proportionality of response. If his conduct is just annoying, you don't get to respond by being harassing. If he threatens harm, you get to use less than lethal force. Self defense does really work for weird behavior.
Good luck but Intjink you'll be luckier lawyered up.
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