If you injure or kill the perpetrator in justified self-defence, neither the perpetrator nor his or her family can sue you for assault or wrongful homicide. Illinois Defense of Your Home Act The Illinois Use of Force in Housing Defense Act (750 ILCS 5/7-2) contains the following guidelines: • You can use reasonable force to prevent someone from trying to break into your home or someone else`s; Self-defence can only be used to defend against unlawful violence. Unlawful violence can be any type of contact or contact prohibited by law, even if it is not “violent”. Unlawful violence may include: If you are defending yourself or another person, you may use lethal force if you reasonably believe it is necessary to prevent: Self-defense is a legal doctrine that provides a positive legal defense to people accused of a violent crime. Self-defence makes lawful violence that would otherwise be considered unlawful as long as it has been used by the accused to protect himself, someone else or, depending on the circumstances, his property. The following table provides a summary of self-defense laws in Illinois, including links to important sections of the code. People have the right to defend themselves when they are attacked or feel unsafe, this is called self-defense. Each state, including Illinois, has different laws that define what self-defense means. In Illinois, you can use reasonable force to defend yourself or someone else, or to defend your home or other property. If the person claiming self-defence commits a crime at the time of the incident, self-defence cannot be used to fight murder charges. • You can use lethal force if you have reason to believe that it is necessary to prevent the commission of a crime in your home. (Note that this does not indicate a “violent” crime.) Definition of Deadly Force in Illinois “Fatal Violence” means a level of violence that is intentional or likely to cause death or serious bodily harm. If you fire a gun at an attacker, even if you don`t hit them, it`s deadly force.
If you carefully fire the weapon in a way that is very unlikely to cause damage, and you only aim to scare the attacker and alert them that you are armed, this is not a lethal force. “Major bodily injury” is not specifically defined in Illinois law, but can be broadly defined based on previous Court of Appeals decisions as injuries severe enough to significantly impair a person`s physical function and warrant immediate treatment by a physician. Joliet Firearm`s defense lawyer Even someone who clearly acted in self-defense will be questioned and possibly detained until the incident is thoroughly investigated. If this happens to you, you have the right to consult with a Will County Firearms Advocate before making statements. The law firm Jack L. Zaremba will ensure that your constitutional rights are protected and provide an aggressive defense against any criminal charges that may be brought against you. Call 815-740-4025 for a free consultation. We take calls day and night.
Note: State laws can always change through the passage of new laws, decisions in higher courts (including federal decisions), voting initiatives, and other means. While we strive to provide the most up-to-date information available, please consult an attorney or conduct your own legal research to review the state laws you are seeking. If you have been charged with murder, building a strong defense is essential to get the best possible outcome in your case. With a strong defense, it may be possible to reduce or even dismiss your accusations. Depending on the facts of your situation, you may be able to invoke self-defence. Attorney David L. Freidberg has represented clients in all types of murder cases in the Chicago area and has successfully used self-defense on several of these charges. A serious and imminent threat means a threat that is occurring right now. If you think someone might hurt you the next day, it`s not possible to claim self-defense. Self-defense does not give people a free hand to unleash a certain level of violence against a potential abuser. The act of violence used by the accused must be proportionate to the threat. For example, if you are threatened with a punch, you are not allowed to draw a gun and shoot someone.
It is not appropriate to increase the use of lethal force unless it is necessary to prevent proportionate harm (rape, serious injury, murder, etc.). Hello. Thank you for your question. Whether you are “allowed” to defend yourself with a knife against someone with a baseball bat depends on whether it is reasonable force. Ultimately, it is up to a judge or jury to decide what force is appropriate. They will look at the facts and decide whether a reasonable person would have done the same. The following must be true: To use self-defense in a murder case, the defendant must demonstrate that if you or someone you love is being prosecuted in Illinois, protect your future and family by being represented by experienced and effective Chicagoland defense attorneys.