When is the Use of Physical Force Justifiable in Illinois?

 Posted on May 28, 2021 in Criminal Defense

In some situations, the only way to protect yourself or others is to use physical force against another person. Nearly every state has a law governing the use of force against other people and when it is and is not appropriate, including Illinois. Everyone has the right to protect themselves from danger, even if the consequences become serious, but you must be able to prove that your use of force was in fact legal. If you are facing charges for assault and/or battery stemming from self-defense, you should immediately speak with a skilled Illinois criminal defense lawyer about your options.

Use of Force Against Another Person

Illinois law states that a person is justified if they use force against another person if they reasonably believe that the use of force is necessary to defend themselves. However, if the force used is deadly force, it is only justified if the person using that force reasonably believes that the use of deadly force was the only way they could protect themselves or another person from death, great bodily harm, or the commission of a forcible felony. This means that you must be able to prove that the person you acted against acted in a way that was threatening to your personal safety, that using force was the only way to protect yourself, and that the level of force you used was reasonable and appropriate for the situation.

Use of Force to Protect Your Home

Similarly, Illinois allows you to use force against another person to protect your home. The law states that force can be used if you reasonably believe that such force is necessary to prevent or terminate another person’s unlawful entry onto your property. However, if deadly force was used to protect a dwelling, it is only legal if the person it was used against gained entry onto your property in a violent or destructive manner, or if the force was necessary to prevent that person from committing a felony.

Contact an Aurora, IL Criminal Defense Attorney Today

If you are facing charges for assault or battery, the consequences can become severe rather quickly. In Illinois, it is legal to use force against another person if the situation calls for it, but prosecutors and defendants do not often see eye-to-eye on those reasons. Our Kane County criminal defense lawyers can help you build a case to defend yourself against charges that may stem from the use of force. To schedule a free consultation at the Law Office of Brian J. Mirandola, call us today at 847-488-0889.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=8200000&SeqEnd=9700000