Tag Archives: self-defense

Naperville Assault Lawyer

Self-defense is often a legitimate argument when defending against assault or battery charges, but it can only be a defense in certain situations. If you acted in self-defense, it is possible you acted with force that would otherwise be illegal. 

Like many states, Illinois understands there are some situations in which you have no other choice but to use force to protect yourself, your loved ones, or your property. The Illinois Criminal Code contains all of the stipulations and requirements that you must meet in order to claim self-defense. Depending on the circumstances, defending against charges of assault or battery can be difficult, but it can be made easier with the help of a knowledgeable criminal defense lawyer.

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Pleading Self-Defense in IllinoisAccording to Illinois criminal code 720 ILCS 5, it is acceptable for an individual to use force against someone else when that person reasonably believes that this force is necessary to defend themselves or someone else against another party’s impending violence. This means that if you believed that force was necessary to use in order to protect yourself or another person, you are justified in taking such actions. The statute goes on to say, “However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony.” For example, if you are a six-foot tall, 200-pound male and you beat up an unarmed, frail, 80-year-old woman and claimed that you feared for your life or another’s, that self-defense plea would not be accepted in court.

Use of Force to Protect a Dwelling or Property

It is lawful to use force to protect a home or property. However, it is only lawful to use force to protect a dwelling if:

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