In Illinois, anything from shoving someone to a full-blown fight resulting in serious injuries may lead to criminal charges for battery. When an altercation between two or more people escalates, it can be difficult for police to know exactly what happened and who is to blame. Sometimes, a person is arrested even though they were only trying to defend themselves. If you or a loved one is facing criminal charges for a fight but were acting in self-defense, speak to an attorney right away.
What Counts as Self-Defense?
According to Illinois law, battery occurs when someone initiates physical contact of an offensive or provoking nature or causes bodily harm without justification. The key element of this description is "without justification." There are some situations in which physical contact or even force is necessary to protect a person from harm.
Self-defense is a valid legal defense to criminal charges of assault or battery if the defendant reasonably responded to an attack on their person. In order to prove self-defense, one must show that they had a reasonable belief that they were in imminent danger and had no other choice than to defend themselves. However, the response must be proportional to the threat and can only include deadly force if it is absolutely necessary.
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