Illinois Appellate Court
Criminal Court
resisting arrest
Charge for aggravated battery of a peace officer embodied all necessary elements for lesser-included offense of resisting a peace officer. As both offenses require that a defendant act with knowledge that the person who he or she is striking or resisting is an officer acting within official capacity, aggravated battery broadly defines offense of resisting a peace officer. Officers were trying to interview Defendant about neighborhood shooting, and thus engaged in authorized act within their official capacity. Defense counsel's decision not to raise affirmative defense of self-defense is a matter sound trial strategy, thus no ineffective assistance of counsel.(NEVILLE and PUCINSKI, concurring.)