If you’re like many people who have been falsely accused of domestic battery in Chicago and the surrounding communities, you know that you may be able to claim self-defense if that’s what actually happened.
But is it really that simple?
Can You Claim Self-Defense to a Domestic Battery Charge?
For some people, it makes sense to claim self-defense after a domestic battery or aggravated domestic battery charge. For others, it doesn’t. Only your domestic violence defense lawyer can tell you which will help you as you navigate the court system; don’t take legal advice from friends or well-meaning family members, because although they may be knowledgeable, your lawyer understands the laws and what happens in the Chicago court system.
Many people don’t understand when and where self-defense is justified, and that’s okay. Your domestic battery defense attorney can explain how the laws on self-defense apply in your situation (remember, every case is different).
With that said, some people attempt to use a self-defense claim when it doesn’t really apply to their case—and it’s important that you understand whether it’s appropriate in your situation before you attempt to use it in court.
In order to show the courts that you used self-defense during a domestic battery incident, your lawyer will need to explain to the judge that you were under immediate threat, that the force you used was force you believed was necessary at the time, and that the amount of force you used was reasonable under the circumstances. You must also be defending yourself against unlawful force; you can’t use force against someone who isn’t breaking the law (but domestic battery is breaking the law, so if you were being attacked and defended yourself, that’s another story).
Your best bet: Talk to a Chicago domestic violence defense lawyer who can guide you through the process and come up with a strategy that gets you the best possible outcome.
Do You Need to Talk to a Chicago Domestic Violence Defense Lawyer?
If you’ve been accused of domestic battery, whether or not you used self-defense during the situation, call us at 847-920-4540 right away for a free case review. We’ll evaluate your situation, examine the evidence, and put together a plan to defend you and protect your rights.