According to a server at a Chicago Denny’s restaurant, a customer became irate when she was told that she couldn't share in the $4 “all-you-can-eat” pancake special that her friend had ordered. When the server told her that this was not how store policy intended this meal deal to work, the customer began to swear and swing her fists. According to police reports, the defendant and her friends then left the restaurant without paying. She allegedly kicked the door as she exited. The manager called police with a description of the car and they were stopped by Hometown Police and returned to the store.
In the end, the customer was charged with criminal damage to property and assault. Of course, this is not the first time that someone has been charged with a crime involving food. We know of one defendant who was charged with throwing a burrito at a motorcyclist. Sometimes, food just gets people angry.
In this case, the waitress wasn't injured, but apparently felt threatened and in danger of being harmed. Under Illinois law, that is the essence of an assault case. Many people tend to confuse assault with battery. A battery in Illinois requires one person to touch another without consent. Whether the victim is injured or just insulted by the touching, it is still a battery. Even if the defendant doesn’t actually touch the victim, it can still be a battery if they cause an object to touch the victim, such as spit (or a burrito). On the other hand, an assault happens when someone reasonably fears that they are about to receive a battery. An example might include someone who swings her fists at another, but does not make contact.
Whether you have been charged with an assault, battery, or other crime, Mitchell S. Sexner & Associates LLC is available for a free consultation right now. Call us at (312) 644-0444 for information about how to best protect your rights.