Tag Archives: self-defense

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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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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