Illinois Law Regarding Self Defense and Assault Charges

 Posted on August 12, 2021 in Criminal Defense

Unfortunately, a surprising number of people find themselves the victims of assault, battery, and other violent offenses every year in Illinois. Even more shocking, many of these people end up being the person who is charged with a violent criminal offense. If you were charged with a violent offense after defending yourself in a robbery, fight, or attack, you may be bewildered and unsure of what to do. The first step is to assert your right to remain silent and contact a lawyer for help. You could be facing life-altering consequences, including considerable jail time.

Can I Face Charges if I Acted in Self Defense?

When police are called to the scene of a physical altercation, they do not know the events that preceded their arrival. In many cases, it is nearly impossible to tell how a fight started or who is the true culprit. This can lead to victims being treated like criminals. You may have been arrested and charged for assault, battery, or even homicide even though you were only acting in self-defense. Do not take these charges lightly. Speak to a lawyer as soon as possible.

What Does Illinois Define as Self Defense?

In order to prove that your actions were not malicious but instead an act of self-preservation, your lawyer will need to demonstrate that you used reasonable force to defend yourself, another person, or your property.

Illinois law states that a person may use “reasonable force” when he or she:

• Is faced with an impending danger or unlawful threat to a person or property
• Believes that the danger or threat requires force
• Uses a degree of force that is proportional to the threat

In other words, the force you used to protect yourself cannot be disproportionately aggressive and you must have genuinely believed that you needed to use force to protect yourself, someone else, or your property.

Illinois law states that “regular force” or force that restricts a person’s movement or behavior may be used to protect against an attack or unlawful entry onto a property. “Deadly force” or force that causes serious injury or death, may only be used if the aggressor is attempting to commit a forcible felony. Your lawyer may use witness statements, security camera footage, photographs, and other evidence to demonstrate that your use of force was justified.

Contact a Cook County Criminal Defense Lawyer

If you or a loved one have been charged with homicide, assault, battery, a weapons violation, or another criminal offense, contact Luisi Legal Group for help. Our Chicago criminal defense attorneys can build a strong case in your defense and fight for your freedom. Call 773-276-5541 and schedule your free, confidential initial consultation today.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=8200000&SeqEnd=9700000#:~:text=(a)%20A%20person%20is%20justified,imminent%20use%20of%20unlawful%20force.