We live in a dangerous world. Chicago in particular has a notorious history of crime stretching back to the days of Dutch Schultz and Al Capone. Turning on the morning news almost inevitably comes with stories about shootings, most notably on the city’s south and west sides. In these dangerous times, it is important to stay vigilant in avoiding situations in which one can become more susceptible to crime. Prudent pedestrians will avoid unlit alleys and walking alone at night. Unfortunately, however, crime happens, and how we react to the crime is in our hands.
When faced with a potentially-violent scenario, most self-defense experts would advise against confronting someone. If you are placed in a situation in which someone demands your wallet, or makes threatening overtures, and you are in a position to escape, the best advice is to do that. Losing a purse is a much better result than losing your life.
But that does not mean that you must run away in all situations. If you are attacked, then you may have the right to self-defense.
Defending Yourself in Illinois
Under traditional English rules, from where most U.S. law is derived, in order to legally defend himself against harm, the victim must first attempt to escape from the dangerous situation. It is only when the victim finds himself in a situation in which there is no reasonable escape that he can use force to protect his body.
However, in Illinois, and other jurisdictions in the U.S., one does not need to run first before using force to defend oneself. The threshold consideration though for when self-defense is allowed must be observed in order to avoid prosecution for battery or murder.
Under Illinois law, “[a] person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other’s imminent use of unlawful force.” This means that you can only use enough force to prevent another person from using force against you. This is a basic proportionality principle. The statute goes on to state that a victim may use force meant to bring about “death or great bodily harm,” only if he has a reasonable belief that deadly force will be used against him.
There are also other limitations to the use of self-defense. For one, if the purported victim incited the attacker to fight, and then later is arrested for battery or murder (if the attacker is killed), the self-defense defense is unavailable.
Contact an Illinois Criminal Defense Attorney
The events that lead to the need for self-defense are often muddled, and the situation must be analyzed closely by someone who knows what to look for when defending against crime. An experienced criminal defense attorney knows how to convince prosecutors, judges, and juries that self-defense was justified. If you have been arrested, call the Law Offices of Thomas Glasgow, Ltd., at 847.577.8700 today. We provide support to residents throughout the northwest Chicago suburbs.