When Can I Claim Self-Defense in Illinois?

 Posted on September 05, 2024 in Criminal Law

Self-defense is one of the most well-known pleas against violent criminal charges. People who have been charged with violent crimes such as assault or murder have been acquitted because they were able to show the court that they were trying to protect themselves or someone else.

Laws concerning self-defense are nuanced and can sometimes be complex. Some states have stand-your-ground laws, which allow individuals who are threatened with physical violence to defend themselves with deadly force in certain cases. Other states have duty-to-retreat laws, which require a person who is violently threatened to exhaust all other options before responding with deadly force.

This article will explore self-defense laws in Illinois, including the duty to retreat and the Castle Doctrine. It is important to note that a legal defense is most effective when crafted by an experienced Illinois self-defense attorney.

What Are Duty-to-Retreat Laws?

Illinois law allows a person to use deadly force against someone else if there is an imminent danger of death or serious bodily harm. Even in that case, however, deadly force should only be used as a last resort. A person who is in imminent danger by another must do everything possible to avoid the conflict, including retreating or fleeing the situation. This is called a "duty to retreat."

Illinois has a limited duty-to-retreat law, which means that a person is not always required to flee.

What Are the Exceptions to Duty-to-Retreat Laws?

Although people generally have a duty to retreat, there are some exceptions to this law:

• The Castle Doctrine: The Castle Doctrine says that you do not have to flee if you are attacked in your own home. If you are threatened within your own dwelling, you may stand your ground. However, if you invoke the Castle Doctrine, you may need to prove that you or someone else was in imminent danger of death or serious bodily harm and that you did not knowingly use more force than necessary.
• Unlawful removal: You may be justified in responding with force if you are being forcibly removed from a place you have a right to be, like your business.
• Forcible felonies: You may be allowed to use force to prevent forcible felonies, such as murder, rape, assault, burglary, or any felony that involves aggressive force against another person.

An important element of any self-defense plea is reasonable belief. Illinois law says that a person must "reasonably believe" there is an imminent threat of death or serious bodily harm to be justified in using deadly force. This can be difficult to prove in court.

Contact an Arlington Heights, IL Self-Defense Attorney

Proving that you acted in self-defense can be a complex undertaking and should only be done by a skilled Rolling Meadows, IL self-defense lawyer. At Scott F. Anderson, Attorney at Law, we have over 25 years of experience serving on both sides of the criminal justice system, and we will craft the best possible legal defense to protect your rights. Schedule a free consultation with an excellent attorney by calling 847-253-3400 today.