Tag Archives: justifiable use of force

St. Charles assault and battery attorney

When an individual’s safety or the safety of his or her loved ones is threatened, a normally non-violent person may become fiercely protective. He or she may take actions that he or she would never take otherwise, including using physical force against the person threatening his or her safety or property. The Illinois Criminal Code describes the requirements that a criminal defendant must meet in order to claim self-defense. Depending on the unique situation, claiming self-defense may help a person charged with assault or battery avoid a conviction.

When Is Physical Violence Justified?

Intentionally harming another person is against the law in most cases. However, if a person uses physical force against another because he or she must do so to protect his or her well-being and/or property, this may not be considered a criminal act. According to the Illinois Criminal Code, an individual is allowed to use force against another person if he or she reasonably believes that the action is necessary to defend against another person’s “imminent use of unlawful force.” In order to successfully claim self-defense in Illinois, a defendant must prove that the following elements were present:

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