Often, two people become engaged in a verbal altercation which quickly turns physical. When one of the people die, the other person can face manslaughter or murder charges. This can even happen when the last man left standing, was initially the one who was attacked or victimized.
If you live in Chicago, or another part of Illinois, you may be wondering if Illinois has a "stand your ground" type law, similar to the one in Florida.
Yes it does. Under Article 7 of the Illinois Criminal Code, use of force as a defense is outlined. Under Sec. 7-1, a person is justified in using force against another to the extent that he or she reasonably believes that such conduct is necessary in order to defend themselves against the other's use of unlawful force.
Generally, if the other person is trying to cause great bodily injury or death, the individual is justified in using the same level of force in order to defend themselves.
Can I defend my home with force?
Under Sec. 7-2, use of force in defense of dwelling, a person is justified in using force against an intruder to the extent that the resident reasonably believes that such force is necessary to prevent or terminate the other's unlawful entry into the home.
A resident is justified in using deadly force against a burglar if:
- The entry was made in a violent manner, and he believes that force is necessary to prevent an assault or personal violence against him or another in the home, or
- He reasonably believes that force is necessary to prevent the burglar from committing a felony in the home.
Force can also be a defense if it involves defending property. However, for force to be used for any self-defense, you must be able to prove that you reasonably believed that such conduct was necessary. You can't use it as a self-defense if you overreacted, were oversensitive, or acted unreasonably.
In 1953, the Supreme Court held that when someone was placed in apparent danger of great bodily harm or death, that it's not necessary to attempt an escape, but they may fight force with force, even if it means taking an assailant's life, if it's necessary to prevent bodily harm.
If you are being accused of taking someone's life, and you did so in an act of self-defense, a judge or jury will decide if the force was justifiable, and as your Chicago defense firm, it is our job to prove that it was.
Facing homicide charges? Contact theLaw Offices of Michael P. Schmiege for a free consultation!