Self Defense Laws in Illinois

When is the use of force justifiable against another person? When is the use of deadly force against another person justifiable? These are all questions that you may have if you have been threatened by another person and feared for your safety. Illinois state law and criminal defense lawyer Gus Kostopoulos provide some guidance about when self-defense is permissible.

Illinois Self Defense Laws

It is important to understand when you are permitted to use force in self-defense in Illinois. While Illinois has no official Stand Your Ground laws, Article 7 of the Criminal Code provides a justification for using reasonable force in defense of yourself, another person, or your property. These laws provide the basis for an affirmative defense. This means that you acknowledge the behavior that resulted in the injury or death of another person while maintaining that there was a justifiable reason for your action(s). In some cases, such as in the gas station shooting discussed above, law enforcement will decide against pressing charges when it is clear that force was used in self defense.

ILCS 5/7-1protects individuals who protect themselves using force in self defense. A successful claim of self defense will require a showing of:

1. Imminent danger to yourself, another person, or your property;
2. An unlawful threat;
3. You believed danger existed that required the use of force; and
4. The force used was equal to the threat.

When Is a Threat Imminent?

A threat must be imminent for a use of force to be justifiable. Generally, this means that a threat is immediate. For example, if a person points and/or fires a weapon at you, you would probably be justified in using force to prevent them from continuing that behavior. If, however, a person threatened to go home and get a gun and return to shoot you, a use of force before they actually produced a gun would be not be justified. Similarly, if a person assaulted you, any use of force against that person after the attack ended would not be justified. Instead, the behavior would likely be viewed as retaliation.

Proportional Force Relative to Threat Required

Many claims for self-defense are unsuccessful because the use of force exceeded the threat posed. The use offorce must be proportional to the imminent threat. This generally means that a person may only use as much force as is necessary to remove or stop the threat.

Regular Force. A person may use regular force to defend against an attack or unlawful entry into a home, to defend against trespassing, or to prevent a person from interfering with property.

Deadly Force. A use of deadly force may be justifiable in the followingsituations:

• You believe deadly force is necessary to prevent imminent death or serious bodily harm to yourself or another person;
• You are preventing a forcible felony, which may include sexual assault or rape, battery, murder, arson, or robbery; or
• You are preventing an assault or battery against yourself or another against a person who is trying to enter in a violent manner.

Protecting Your Home in Self Defense in Illinois

ILCS 5/7-2outlines the justifications for using force in the defense of a dwelling. Once again, this Illinois self defense law outlines two levels of force: regular and deadly.

Regular Force.Persons are justified in using reasonable force to protect their home when they believe such force is necessary to prevent the aggressor from entering or attacking the home. Force used must be proportional to the threat and be of a level sufficient to stop the attack or entry from occurring.

Deadly Force.Persons are justified in using deadly force – which is is force intended to likely to cause death or great bodily harm – if: the aggressor is attempting to make a violent, riotous, or tumultuous entry or iforit is believed such force is necessary to prevent the aggressor from committing a felony in the home.

This protects individuals from liability if they use force to prevent trespassers from unlawfully entering a home. This means that trespassers cannot recover damages if injured while attempting to break into a home or enter without permission of the owner/occupant.

If the use of force is deemed to be proportional and justified ahomeowner will not be liable for injuries or damages sustained by the aggressor. This means that if you shoot an intruder and they incur significant medical bills as a result, you cannot be held liable for those costs.