What should I do if I am being accused of battery? 2 Answers as of June 29, 2011Someone came onto my property and I asked them to leave, but he refused to leave my property. I shoved him off my yard and in-return he punched me in the head, so I punched him back which caused him to fall back onto the ground. I called the Police and was taken to jail for battery because he had a black eye and I had no damage to my face. He has 2 friends that are taking his side but the truth of the matter is what I just posted. What is the best course of action?
Timothy J. Thill P.C. | Timothy J. Thill
You made the first contact with the intruder, so it would appear to me that you were the aggressor, and are guilty of the battery. What you should have done, instead of shoving him back, was warn him to leave the property, and if he refused, call the police. Hire an attorney to represent you in court, if you would like a free consultation, call me.
Answer Applies to: Illinois