Legal Question in Criminal Law in Illinois
self defense
what happens if I need to defend myself against an aggressive person?
1 Answer from Attorneys
Re: self defense
Hello. When confronted with an attacker you have the option of running or fighting off the attack. The latter decision has to be motivated by defense only. In other words once the attacker backs off, the defending person, by law, is obligated to back off. However, if the defender continues to fight or attack the attacker, the defender could then be charged with assault and battery. However, under the law, if a person is approached and it is reasonable for that person to conclude that the likelihood of bodily harm is great, then he may take reasonable action to avoid being injured. This is a very complicated area of the law and so many people that I have represented charged with a crime have said that they in fact were acting in self defense. I will be happy to discuss this further and in more detail. In Illinois one has the option of seeking an order of protection against a would be aggressor.
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