Defending Yourself Against Assault Charges in Illinois

 Posted on September 30, 2024 in Violent Crimes

It is easy to imagine how you can get accused of attacking someone else when you are actually defending yourself against the other person and fighting back to avoid getting hurt. However, since so many people charged with assault commonly claim they were merely acting in self-defense, it is important to know what is considered a valid self-defense argument in an Illinois court. 

If you might be facing accusations of assault, speak with an experienced DuPage County, IL criminal defense lawyer to understand the consequences and discuss your options. 

How Can I Prove I Was Acting in Self-Defense?

According to Illinois law, you are permitted to use force against someone else if you have sufficient reason to believe that you need to do so to protect yourself or another person. 

You need to prove three things if you want the court to accept your claim of self-defense:

• Someone was using force in a way that posed a threat to you or another person

• You needed to use force to protect yourself or the other person

• Force was the only option available to you for protecting yourself or the other person from imminent harm

Witness testimony and photographs or videos of the incident in question can help support your claims. Medical reports might be able to help if you or the person you are accused of assaulting have injuries that match your story. Any other evidence you have that could corroborate your claims should be shared as well. An experienced criminal defense lawyer can go over everything you believe can support your story and help decide whether it will help your case.

Self-Defense and Deadly Force in Illinois

There are certain times when you are legally permitted to use deadly force, which Illinois defines as anything done with the intention of causing serious bodily harm to someone else. Using deadly force is permitted if you have reason to believe you needed to do it to prevent your or someone else’s death or significant bodily harm or to stop someone from committing a forcible felony, such as:

• Domestic violence

• Assault or aggravated assault

• Sexual assault or aggravated sexual assault

• Robbery

• Murder

In any of the above situations, it might be reasonable to use force against someone else. However, when you are trying to prove that this was what happened, make sure you have a dedicated lawyer by your side who can guide you through these arguments.

Schedule a Free Consultation with a Wheaton, IL Criminal Defense Lawyer

If you are facing charges of assault, a qualified DuPage County, IL criminal attorney can help you navigate the best path forward for you. At Davi Law Group, LLC, we are passionate about building a strong case for our clients regardless of the charges and are dedicated to helping you get the best outcome. Call us at 630-580-6373 to schedule a free consultation.