After a long day of work, you decide to barbeque with your children and grandchildren. You are having a wonderful time bonding and sharing a meal as a family. Later that night, while watching the local news, you realize that a mob of rioters is heading straight for your house. You have worked your entire life to provide your family with a home, and you are not going to let rioters destroy all of your hard work. You decide to get your legally owned firearm and take it outside to protect your home and property.
A Saint Louis Couple is Facing Criminal Charges for Brandishing a Weapon
The situation described above happened to a couple in Missouri recently. The St. Louis couple is now facing criminal charges after brandishing their guns in their front yard. The couple displayed their weapons in response to rioters who stormed through their gate and into their private property. According to the husband, one violent rioter took out a gun clip and loaded his weapon while threatening to harm the couple.
People across the country are concerned that rioters will come into the city neighborhoods and suburbs, threatening their families’ safety. If you are an innocent person who is facing criminal charges related to brandishing a weapon or trying to protect yourself, you will likely be able to raise a self-defense claim, which is an affirmative defense under Illinois law.
Pleading Self-Defense
Under Illinois law, you can use force against someone else when you reasonably believe that force is necessary to defend yourself or someone else against another person’s impending violence. Illinois courts will examine whether or not you were under a severe threat. For example, if you are a 200-pound man who assaulted an 85-year-old frail woman, you will have a hard time proving that you acted in self-defense.
Using Force to Protect a Property or Dwelling
All around the country, rioters have burned down buildings, and in the case of Minneapolis, nearly an entire city. We know that we can protect our bodies from serious harm, but can we defend our homes?
The couple mentioned above had valid fears about an angry mob burning down their home. In Illinois, you can use force to protect your dwelling under certain circumstances, such as when:
- Someone makes an entry in a riotous or tumultuous manner, and
- You reasonably believe the use of force is necessary to prevent an assault, or
- You believe that the force is needed to prevent a felony from happening in the dwelling
During the case of the couple from St. Louis, multiple people allegedly entered onto their property in a riotous manner. The husband has stated that he believed that at least one of the rioters would physically harm him. According to the husband, one of the rioters threatened to harm him and his wife before they brandished their weapons in self-defense.
Contact Our Experienced Criminal Defense Lawyers Today
At Glasgow & Olsson, we believe that everyone has the right to self-defense and defense of their property. If you have been charged with a crime for trying to protect yourself or your home, we can offer you a skilled legal defense. When you need an attorney, experience matters. Contact us today to schedule your initial consultation.