How Can I Prove I Was Acting in Self-Defense?

 Posted on October 30, 2024 in Domestic Violence

When someone feels threatened by another, it is a natural reaction to do anything possible to eliminate the threat. Unfortunately, in situations like these, the person who originally posed a risk sometimes claims that their would-be victim was the aggressor and initiated the attack. Someone who acted in self-defense can find it overwhelming to face charges of domestic violence for stopping themself from getting hurt by the real attacker. If this happens to you, speak with an experienced Elgin, IL criminal defense lawyer to understand your legal options.

What Is Considered Domestic Violence in Illinois?

According to Illinois law, any act or threat of violence - including emotional abuse, intimidation, physical harm, and harassment - committed by one member of a family or household against another is categorized as domestic violence. While spouses and parent/child relationships are often involved in these cases, violence between people who are or were dating can also be considered.

How Is Domestic Violence Charged?

Depending on the circumstances in question, domestic violence can result in various charges and penalties, including:

• Class A misdemeanor, which carries a sentence of up to one year in jail and fines up to $2,500.
• Class 4 felony, which carries a sentence of up to three years in prison and fines of up to $25,000.
• Class 3 felony, which carries a sentence of up to five years in prison and fines of up to $25,000.
• Class 2 felony, which carries a sentence of up to seven years in jail and fines of up to $25,000.

What if I Was Acting in Self-Defense?

If you were threatened and acted in self-defense, this can be useful in your criminal defense. The state of Illinois law allows for force to be used when someone feels it is absolutely necessary. To prove you were acting in self-defense, you need to demonstrate that you believed you were in immediate danger when you acted, the force you used was necessary for the situation, and it was proportionate to the threat you faced.

To prove the threat was imminent, you might need to gather evidence, including:

• Witness testimony
• Records of previous threats or violence, including any police or medical reports
• Physical evidence like photographs of injuries you sustained.

Schedule a Free Consultation with a Kane County, IL Criminal Defense Lawyer

While facing charges can always be overwhelming, being charged with domestic violence when you were simply defending yourself can make you feel like you want to give up altogether. Our Aurora, IL criminal defense attorney can walk you through the aspects of the law relevant to your case and build a strong defense so you can move on with your life. Someone in your home hurt you and then blamed you for it, and that person needs to be held accountable instead of you. Call us at 847-488-0889 to schedule a free consultation.