When you’re accused of domestic battery, one of the defenses you may be able to claim is self-defense. This guide explains what that means and how it could help your case.
Can You Claim Self-Defense in a Domestic Battery Case?
In some cases, it’s possible to claim self-defense in a domestic battery case. Usually, attorneys only use this defense when it makes sense to do so; your lawyer will put together a defense strategy that gets you the best possible outcome.
What is Self-Defense, and Can it Be Used as a Defense Strategy in a Domestic Battery Case?
Self-defense is when you use force against someone else in order to protect yourself from harm. You can only use the amount of force that’s necessary to defend yourself; if you use more force than necessary, it’s not considered self-defense.
For example, let’s say you’re arguing with your partner and they try to hit you. If you hit them back while defending yourself, that could be considered self-defense. But if you hit them harder than necessary or when they’re not trying to hurt you, that would not be considered self-defense.
In order to claim self-defense in a domestic battery case, you need to be able to show that you reasonably believed that you were in danger of being harmed and that using force was necessary to protect yourself.
How Does the Prosecution Prove That Self-Defense Wasn’t Used in a Domestic Battery Case?
If you claim self-defense, the prosecution will try to prove that you didn’t reasonably believe you were in danger of being harmed. They may do this by looking at the victim’s injuries and comparing them to your injuries. They may also look at any weapons that you allegedly used and whether they were necessary to defend yourself.
Are There Any Other Defenses That Can Be Used in a Domestic Battery Case?
In some cases, it may be possible to use a variety of other defenses – but it’s important to talk to your attorney about every aspect of your case. Your lawyer will determine the best defense strategy for your case.
Do You Need to Talk to an Attorney About Domestic Battery Defense?
If you need to talk to a domestic battery defense attorney in Illinois, we’re here to help. Call us at 847-920-4540 now – we’ll be happy to give you a free consultation and talk to you about your options.