What Are the Rules on Self-Defense in Illinois?

Preservation of life is not just a basic human instinct, it's also a legal right. That is why all states recognize self-defense as legal under appropriate circumstances. However, those “appropriate circumstances” vary greatly from one state to another. If you are in the state of Illinois and facing criminal charges for a violent crime in which you were trying to protect yourself, someone else, or your property, you might want to understand the rules on self-defense in Illinois.  

Don’t assume that it will be easy to prove that you acted in self-defense, that your actions were reasonable, and the force used was proportionate to the threat you were facing. Don’t risk your future and freedom by trying to navigate the complex legal terrain and court procedures alone. With Gene Ognibene on your side, you can stand up to the criminal charges you’re facing with confidence. As a criminal defense attorney in Clarendon Hills, Illinois, Gene Ognibene can assist you in presenting your case in the best possible light to get the charges dismissed or reduced.  

The Definition of Self-Defense Under Illinois Law 

In Illinois, self-defense is defined as the use of force to protect oneself from an immediate threat of harm. The law recognizes that individuals have the right to defend themselves when they reasonably believe they are in danger. 

Illinois law (720 ILCS 5/6-4) outlines that the use of force is justified to defend against an imminent unlawful force. This means if someone is under attack or believes an attack is about to happen, they are entitled to use force to prevent harm.  

However, the definition doesn't give carte blanche to use force in any situation. There are specific conditions and limitations, which include the necessity and proportionality of the force used in response to the threat. 

Situations Where Self-Defense May Be Used 

In Illinois, you can use self-defense when there is an imminent threat to you, your property, or someone else, and that threat is unlawful. Types of situations in which self-defense may be used include:  

• Robbery: Robbery involves taking property from someone with the intent to steal, often using force or intimidation. In such situations, defending oneself from the robber can be justified under Illinois law. 

• Battery: Battery refers to causing physical harm to another person. If someone is being attacked physically, they generally have the right to defend themselves to avoid injury. 

• Assault: Assault is the threat or attempt to inflict physical harm. If an individual believes they are about to be harmed, they can act in self-defense to prevent the assault. 

• Domestic violence: Domestic violence includes abuse by a partner or family member. Victims have the right to defend themselves when faced with immediate harm from their abuser. 

• Sexual assault and rape: In cases of sexual assault or rape, victims can use reasonable force to protect themselves from the attacker. This extends to situations where the threat is imminent. 

• Murder: In extreme cases, if an individual faces an immediate threat to their life, they may have the right to use deadly force in self-defense.  

Whether or not the use of force was necessary and reasonable depends on the facts and circumstances of the case, which is why you may need a consultation with an attorney to determine if self-defense would be a viable defense in your specific case.  

The Principle of Reasonableness 

The principle of reasonableness is a key component in Illinois self-defense laws. It dictates that the force used in self-defense must be reasonable in relation to the threat faced. 

Courts will assess whether a reasonable person in the same situation would have believed they were in imminent danger and whether the force used was appropriate. This involves examining the circumstances, the intensity of the threat, and the response. 

What Is Imminent Danger? 

Imminent danger means an immediate threat that demands instant action. It's not enough for someone to feel generally threatened. The danger must be present and unavoidable at that moment. 

For example, if an aggressor is approaching with a weapon, the threat is imminent. However, if the threat is vague or distant, it may not meet the legal criteria for self-defense. 

Regular Force vs. Deadly Force 

Illinois law recognizes two levels of force—regular and deadly—and each of them may be legally appropriate depending on the circumstances:  

1. Regular force: Regular force refers to non-lethal actions taken to defend oneself, such as pushing, shoving, or using objects to block an attack. This type of force is generally acceptable in situations where the threat does not pose a significant risk of death or serious injury. 

2. Deadly force: Deadly force involves actions that have the potential to cause death or serious injury, such as using a firearm or a knife. Under Illinois law, deadly force is only justified if the person reasonably believes it is necessary to prevent imminent death or great bodily harm. 

The use of deadly force is heavily scrutinized. Courts will examine whether there was no other option to avoid the threat and whether the perceived danger was indeed life-threatening. 

Not Sure if You Can Claim Self-Defense? Speak With an Attorney 

If you have been charged with a crime or are under investigation for a crime and think self-defense could be a viable defense, you might want to consult with an attorney. It’s not enough to simply say, “It was self-defense,” and expect that everyone will believe you. Unfortunately, it’s not that easy. Gene Ognibene can analyze the facts of your case and determine if you have grounds to go forward with self-defense. With an office in Clarendon Hills, Illinois, the attorney serves clients throughout DuPage County, DeKalb County, Kane County, Cook County, and Kendall County. Call today for a free case evaluation.