Self-defense is one of the most widely used domestic violence defense strategies. Could it help in your case?
Claiming Self-Defense in a Domestic Battery Case in Illinois
If you reasonably believe that you’re in imminent danger of bodily injury or death, you’re allowed to defend yourself under Illinois law.
720 ILCS 5, Article 7 says:
“A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other’s imminent use of unlawful force. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony.”
That means if you’re charged with domestic battery or aggravated domestic battery, but during the incident you believed you or someone else (such as your children) were in danger—even if you somehow inflicted harm on the other party—your domestic violence defense lawyer might be able to show the court that you were simply trying to defend yourself.
The Truth About Many Domestic Violence Cases
Because of the sensitive nature of domestic violence cases, it’s often easy for the victim to be charged with committing the crime.
You need a skilled domestic violence defense lawyer by your side to ensure that you get the best possible outcome in your case.
Will the Court Believe You Acted in Self-Defense?
Some people do try to use a self-defense strategy when they weren’t actually defending themselves. This makes it harder for real victims to use the same strategy—and it makes many people wonder if the courts will even believe them.
If you want the judge and jury to believe that you acted in self-defense, your lawyer will need to prove that you were under (or you believed you were under) an immediate threat. Your attorney will also have to show that you didn’t have an irrational response, such as stabbing someone who was poking you with his or her finger.
Do You Need Help With a Domestic Violence Charge?
If you need help with a domestic violence charge, we’re here for you.
Call us at 847-920-4540 or get in touch with us online for a free case evaluation. We’ll be happy to go over the facts in your case and build a solid defense strategy that gets you the best possible outcome. While you’re here, you can also learn about other possible defenses against domestic battery charges in Illinois.