Were You Acting in Self-Defense?
In the state of Illinois, all citizens have the right to protect themselves when they feel that they are in danger. This act is called self-defense and can sometimes be a person’s only option if put in situations where there is the threat of harm to oneself, his or her property, or other people.
Every state has its own laws pertaining to self-defense, Illinois included. Self-defense is commonly used to defend against assault or aggravated assault charges in Illinois, but there are certain things that must be proven in order to successfully claim self-defense.
Many people are surprised at how difficult asserting this defense can be. If you have been charged with assault or aggravated assault and you believe you acted in self-defense, you should understand Illinois’ laws on the matter and seek qualified legal counsel.
According to the Illinois Criminal Code of 2012, using force against another person can be justified if you reasonably believe that your actions were necessary to defend yourself or another person against the use of unlawful force. To prove you acted in self-defense, you must prove that:
- Your well-being or another person’s well-being was threatened by another person’s use of force;
- It was necessary for you to use force to defend yourself from that person; and
- There was no other way for you to protect yourself from the threat of imminent force than to use force yourself.
There is a difference between force and deadly force. Deadly force is any action that is intended or likely to cause death or great bodily harm. The use of deadly force is only permitted if you reasonably believe that the use of such force is necessary to prevent imminent death or great bodily harm to yourself or another or to prevent another person from committing a forcible felony. Forcible felonies include:
- Sexual assault or abuse;
- Domestic violence;
- Murder; or
- Assault or aggravated assault.
Contact a DuPage County Assault Charges Defense Attorney Today
In most situations, using force against another person is illegal, but in some situations, you need to use force to protect yourself, others or your property. If you have been charged with a crime like assault, aggravated assault or other violent crimes, you may be able to claim that your actions were taken in self-defense.
At the Davi Law Group, LLC, we are committed to helping you avoid a conviction whenever possible. Our knowledgeable Wheaton, IL assault charge lawyers can help you plead your case to the judge as to why your actions should be considered self-defense. Call our office today at 630-580-6373 to schedule a free consultation.