It is a natural instinct to want to preserve our lives and of those we love. The law understands this fact and, thus, recognizes the existence of self-defense laws. These laws grant the right to defend ourselves and others from great bodily harm. Self-defense encompasses the defense of life and even property in certain situations.
It is, however, important to note that these laws vary across states. The circumstances where the use and type of force are permitted differ from state to state. Some states enforce duty-to-retreat laws. Such laws require individuals to retreat before they resort to force as a defense. Other states adhere to “stand your ground” or “castle doctrine” law. Laws of this type permit the use of force in certain situations, such as a home invasion.
Criminal defense attorneys are knowledgeable in Illinois self-defense laws. They can also help you navigate the intricacies of the legal process. Consider consulting an Illinois criminal defense attorney from the Hirsch Law Group if you have been arrested for using force in an act of self-defense.
Self-defense is a principle of law that allows a person to protect themselves from harm from an assailant’s force or violence. You can use either reasonable or deadly force to defend a person or property in Illinois.
Reasonable Force: It refers to the level of force necessary to protect oneself from imminent harm proportionate to the threat and in line with the law.
Deadly Force: It refers to using lethal means, such as firearms or weapons, to protect oneself when facing a threat of death or severe bodily harm. It’s a last resort and must meet legal criteria, typically demonstrating an immediate danger to life that justifies using deadly force.
Use of Force to Defend a Person: As per Illinois Statute 720 ILCS 5/7-1, you can use force to protect yourself or someone else if you reasonably believe it is necessary to defend against another person’s imminent use of unlawful force.
Use of Force to Protect Property: As per Illinois Statute 720 ILCS 5/7-2, you’re allowed to use force to stop someone from entering your home unlawfully or to end their attack on your home.
These definitions pose numerous questions and challenges when applied in real-life situations. What constitutes an appropriate level of force or violence in self-defense cases? The courts are largely responsible for adjudicating upon these facets and clarifying the answers to these questions.
Illinois Statute 720 ILCS 5/7-1 defines deadly force as “any use of force that creates a substantial risk of causing death or great bodily harm, including, but not limited to, the discharge of a firearm.” The use of deadly force is not justified if the person:
Is the aggressor
Attempts to commit, committing, or escaping after committing a felony
Initially provokes the use of force as an excuse to inflict bodily harm against the assailant
As noted above, using deadly force should be a last resort. It would help if you used all reasonable means of defense before resorting to deadly force. This principle is referred to as the “duty to retreat.” An individual should make a reasonable effort to retreat from a dangerous situation. However, there are exceptions to this duty. For example, a person does not have a duty to retreat if attacked in their home as per the “castle doctrine.” They also do not have to retreat if someone illegally breaks into their home.
Castle Doctrine: The castle doctrine grants a person the right to defend themself against a home intruder. It is rooted in the belief that one’s home is a sanctuary akin to a castle. As the homeowner, you are deemed the ruler within the confines of your residence. The castle doctrine recognizes your right not to retreat from home invaders who threaten you or your household’s safety. Illinois Statute 720 ILCS 5/7-2 justifies using force to defend your dwelling if you believe it’s necessary to prevent unlawful entry or attack.
Justification for using deadly force depends on the circumstances of a case. Authorities assess the necessity of deadly force based on the information and circumstances known. Citizens need to be able to justify the amount of force they use.
In cases involving weapons, they need to demonstrate a reasonable belief of danger. The person acting in self-defense will need proof to establish justification.
Consult a qualified criminal defense attorney in Illinois for a self-defense-related matter. At the Hirsch Law Group, we are well-versed in self-defense laws and the justifiable use of deadly force in Illinois. We can offer guidance and help prove your self-defense actions were lawful.
You may want to claim self-defense in a situation where you used force to defend yourself or your property. A skilled criminal defense lawyer can identify relevant facts for your defense. They:
Are knowledgeable in Illinois self-defense law and can analyze and assess the circumstances of your case.
Can gather evidence to support your claims.
Navigate complex Illinois laws, like the castle doctrine and stand-your-ground laws, to protect your rights.
Can negotiate with prosecutors to reduce charges or seek a dismissal, and if necessary, represent you in court.
Their experience can make a critical difference in achieving a favorable outcome and ensuring your rights are upheld throughout the legal process. They can leverage their courtroom experience for your benefit.
Consider hiring a criminal defense lawyer from the Hirsch Law Group if you face criminal charges in Illinois. We can help you:
Evaluate the details and evidence of your case.
Review the circumstances of your arrest to ensure your rights were not violated.
Identify mistakes in the investigation process or collection of evidence that could result in getting the charges dropped.
Identify weaknesses in the prosecution’s case that can work to your advantage.
Negotiate a favorable plea agreement to reduce the charges or your sentence.
Present a strategic defense to the judge and jury if the case goes to trial.
An Illinois criminal defense attorney from the Hirsch Law Group can ensure you receive a fair trial and protect your constitutional rights. We provide guidance and support throughout the legal process. Remember to consider the importance of having a skilled attorney at your side. Contact one of our attorneys today for a free case evaluation!