Aggravated Battery of Police Officer, Resisting Arrest – NOT GUILTY

EH was talking to a girl across the street from his house when the police rolled by. He didn’t like the way they were looking at him so he decided it would be best to go inside. Sure enough, as we walked across the street to go home the police pulled a u-turn. EH closed the gate and started to walk up the stairs on his front porch. The officers got out of their squad and told him to get down off the steps and come here.  EH said he wasn’t doing anything wrong and he was just going into his own house.  The officers entered EH’s front yard and started to pull off the porch.  When EH protested they body slammed him to the ground in front of his family and arrested him.  Then they charged him with resisting and aggravated battery to a police officer. This was a very tough case because in Illinois it is illegal to resist an arrest (EVEN AN ILLEGAL ONE). We filed several motions challenging the case and came up with a very subtle defense eventually framing the case issues in a way that was more favorable to EH. They case went to trial and we were able to show that the officers were not performing an arrest and that EH did not resist or batter the officers. Finding – not guilty on all counts.