Legal Question in Criminal Law in Illinois

if someone started a fight and that person was beat up, ultimately leading to that person having reconstructive surgery, could the person that didnt start the fight have charges pressed upon them?


Asked on 11/28/09, 6:01 pm

1 Answer from Attorneys

Zedrick Braden III Ainsworth & Associates PC

Hello. Yes, the person who did not start the fight could be charged with battery or a more serious crime. Self defense can be legally risky because, under Illinois law, one cannot go beyond what is necessary to reasonably defend oneself or another. I am currently representing a client who attempted to defend a relative. However, the prosecutor is charging that my client continued to fight his relative's attacker, after the relative was safe from harm. It will be necessary to convince a jury that my client had to continue fighting his relative's attacker because my client was also being attacked. I am trying to get the case dismissed. I hope my answer has been helpful to you. Will be happy to discuss this matter further and in more detail.

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Answered on 12/04/09, 3:20 am


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