Since George Zimmerman`s shooting of teenager Trayvon Martin in 2012, many people in the United States have repeatedly heard the term „Stand Your Ground.“ Such laws are in place in some states and justify the use of force against another person without first withdrawing, as long as you have a reasonable fear of harm. Stand-your-ground laws apply in all areas, and you don`t need to be at home or in your car to use lethal force against an alleged assailant. Illinois currently has no stand-your-ground law. „It was a difficult decision. It`s not like going hunting,“ the man said. „It`s hard to shoot a person and not think about it.“ A Chicago homeowner is in custody after shooting an intruder in his backyard in East Garfield Park. If you injure or kill the perpetrator in justified self-defence, neither the perpetrator nor his or her family can sue you for assault or wrongful homicide. Illinois Defense of Your Home Act The Illinois Use of Force in Housing Defense Act (750 ILCS 5/7-2) contains the following guidelines: • You can use reasonable force to prevent someone from trying to break into your home or someone else`s; According to 750 ILCS 5/7-2, defined as the state`s use of force to defend homes law, reasonable force is allowed if someone tries to break into your home. Again, justified violence is that which corresponds to the threat or danger posed by another person. In other words, violence must be proportionate to the threat. They must not use force beyond the threat. For example, it may be a good idea to hit an intruder with a baseball bat to prevent them from hurting you or invading your property. It probably wouldn`t be reasonable to kill them with the intention of preventing them from destroying your property.
• You can use lethal force if you have reason to believe that it is necessary to prevent the commission of a crime in your home. (Note that this does not indicate a „violent“ crime.) Definition of Deadly Force in Illinois „Fatal Violence“ means a level of violence that is intentional or likely to cause death or serious bodily harm. If you fire a gun at an attacker, even if you don`t hit them, it`s deadly force. If you carefully fire the weapon in a way that is very unlikely to cause damage, and you only aim to scare the attacker and alert them that you are armed, this is not a lethal force. „Major bodily injury“ is not specifically defined in Illinois law, but can be broadly defined based on previous Court of Appeals decisions as injuries severe enough to significantly impair a person`s physical function and warrant immediate treatment by a physician. Joliet Firearm`s defense lawyer Even someone who clearly acted in self-defense will be questioned and possibly detained until the incident is thoroughly investigated. If this happens to you, you have the right to consult with a Will County Firearms Advocate before making statements. Jack L. Zaremba Law Firm will ensure that your constitutional rights are protected and will provide an aggressive defense against any criminal charges that may be brought against you. Call 815-740-4025 for a free consultation.
We take calls day and night. Illinois law defines lethal violence as violence intended to cause death or major bodily harm, Zaremba says. That is, if you shoot someone who breaks into your home and misses it, it would still be considered deadly violence. A warning shot, or a shot that is not intended to hit anyone, would not be considered lethal violence. An affirmative defence is invoked when you admit illegal behaviour, but present evidence to mitigate or circumvent criminal sanctions. In 2004, Illinois amended its self-defense laws to include positive defense. This positive defense can be used when you use violence to protect yourself, another person, or your property. There is no obligation to retreat before force is used. Tuesday morning`s shooting in East Garfield Park is not as clear. First-degree murder is the most serious type of murder charge in the state of Illinois. First-degree murder is defined by 720 ILCS 5/9-1. Someone who kills another without just justification may be guilty of murder if: A serious and imminent threat means a threat that is occurring right now.
If you think someone might hurt you the next day, it`s not possible to claim self-defense. To convict someone of second-degree murder, Illinois prosecutors must prove the following: After a series of shootings with owners, CBS 2 wanted to know when pulling the trigger was justified. Assuming my wife`s ex forced his way into my house and intended to attack her and cause bodily harm, then it would be legal to shoot someone who breaks in and enters with a drumming attempt, legal experts tell CBS 2 that it all depends on the condition you`re in.