Can I Claim Self-Defense if I Am Charged With Assault and Battery?

 Posted on September 22, 2020 in Criminal Law

The fight or flight response is a natural response that the human body has to stress or outside stimuli to determine if you are going to flee from the impending danger or stay and fight. In dire situations, the will to stay alive is a primal instinct and would lead you to do things that you would not normally do, such as using extreme force. This is why self-defense laws exist, or in Illinois’ case, the justifiable use of force laws. If you have been charged with assault and/or battery in Illinois, you may be able to argue that your use of force was justified.

Illinois Self-Defense Laws

In some situations, it is necessary for you to use force against other people to protect yourself or your loved ones from harm’s way. Illinois law states that you are justified in your use of force against another person to the extent that you reasonably believe such actions are necessary to protect yourself from another person’s unlawful use of imminent force. However, there are limitations to self-defense laws.

For example, you can only claim self-defense using force intended or likely to cause death or great bodily harm if that force is necessary to prevent imminent death or great bodily harm to yourself or another person or to prevent the commission of a forcible felony, such as robbery.

Defending Your Property

In addition to having the right to defend yourself and others, you also have the right to defend your property and your home. For example, if you use force against another person that is intended or is likely to cause death or great bodily harm if:

• The entry upon your property was made in a violent or riotous manner and you reasonably believe that such force is necessary to prevent harm from coming to you or anyone else in your home.

• You believe that such force is necessary to prevent a felony from being committed in your home or on your property.

Contact an Arlington Heights, IL Criminal Defense Attorney 

If you are facing assault and/or battery charges, it is important to consult a skilled Rolling Meadows, IL criminal defense lawyer before you speak to anyone about the details of your case. Your attorney will be able to inform you of your best course of action, whether that be pleading self-defense or using another defensive tactic. Scott F. Anderson, Attorney at Law can help you navigate your assault and battery case and form a solid defense. To schedule a free consultation, call our office today at 847-253-3400.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=8200000&SeqEnd=9700000