Self defense and battery are two different types of offenses in Illinois. They both relate to a person being accused of using force on another person. If you have been accused of either the criminal defense attorney DuPage County Illinois at Sethna Cook Law are here to help. Contact us for a consultation today at (630) 574 – 3600 to protect your record and your reputation.
When an altercation between people escalates, it can be difficult for police to know exactly what happened and who is to blame. Self defense is a way to avoid conviction for battery or assault and can help you keep your criminal record clean. It’s important to know, then, how these different types of defenses work and how they can be used in a criminal case.
Definitions of self-defense and battery
Self-defense is a defense to a criminal charge. If you use force against another person because you reasonably believe it’s necessary to protect yourself or another person from imminent harm, then you have acted in self-defense. This can also be called “affirmative” or “justified” self-defense.
Battery is when one person instigates physical contact with another with the intent of injuring, insulting, or provoking that person. A battery claim requires that there be some type of physical contact between the parties involved. If there wasn’t a physical altercation it would be considered assault.
Self Defense Law
Self defense is a legal defense to justify the use of force. It can be used to defend against criminal charges and civil charges. In Illinois, self-defense law is codified in section 7-1 of the Criminal Code of 1961 (720 ILCS 5/7-1). This statute states that a person may use force against another if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another individual.
The amount of force used must be reasonable under all circumstances as viewed from an objective viewpoint by persons trained in law enforcement techniques. However, the force you use to defend yourself has to be reasonable and cannot be disproportionately aggressive.
If you have been arrested and believe you acted in self defense, contact our criminal defense attorney DuPage County Illinois for a consultation. At Sethna & Cook, we will protect you and fight for your rights.
Battery is a very serious crime in Illinois. Battery is defined as the intentional use of force or violence upon another person. According to the statute, if there is no legal justification and the result is bodily harm, the crime is battery. It can be charged as either a misdemeanor or felony, depending on the circumstances surrounding the incident and how much physical harm was inflicted on your victim.
There are different fines and sentences if you get convicted of battery and they all depend on the nature and severity of the crime. If you have been arrested and charged with battery, don’t wait. Contact Sethna & Cook today so our criminal defense attorney DuPage County Illinois can start the process of pursuing justice for you.
Self defense and battery are not mutually exclusive. In fact, they can be used together in Illinois Criminal Cases. Self defense is a complete defense to battery charges. If you are charged with battery but have an affirmative defense of self-defense, then you could be acquitted of your charges if you prove your case by a preponderance of the evidence.
Our criminal defense lawyer DuPage County Illinois is passionate about protecting your rights
If you’ve been charged with a crime, it can be difficult to know what your options are. Illinois criminal law has many defenses and there’s often more than one way to defend yourself against a charge. Sethna & Cook, P.C. is here to help you.
When you work with us, we take all necessary steps to resolve the matter with the best possible outcome. Our first priority is to investigate the case and work to have the case dismissed prior to a trial. If the case proceeds to trial, we will use our passionate and persuasive litigation tactics to present a strong and effective defense. Contact our criminal defense lawyer DuPage County Illinois to get the support you need.