In Illinois an assault is a serious criminal charge with severe penalties. If convicted for assault in Illinois, you will be sent to prison.
Assault in Illinois
Under Illinois law, assault is defined as an act that makes another person have reasonable apprehension of bodily harm or injury. A person need not harm someone for an assault to occur. You can be charged with assault even though you exert no degree of strength or power. Mere touching is sufficient to result in an assault charge. Aggravated assault includes attacks using personal weapons such as hands, arms, feet, fists, and teeth that result in serious or aggravated injury.
Pleading Self Defense in Illinois
In Illinois, if you are charged with assault, you can plead self defense. You actions will be considered an act of self defense if you use or threaten to use force against another person because you fear for your personal safety or someone else’s personal safety. You must reasonably believe that the use of force is needed to defend yourself or another person against a pending use of unlawful force by a third person. The use of force for self defense must be reasonable. You can also use reasonable force to protect your property. If you are in imminent danger of being attacked by deadly force, you can use deadly force to defend yourself.
Aggressor
Under Illinois law, you cannot plead self defense if you are the aggressor or if the situation has resulted from your own aggressive conduct. Mere provocation cannot be a ground for self defense. The words must be accompanied by an overt act of hostility or conduct to justify a reasonable belief of imminent use of unlawful force.
Getting Legal Help
Self defense can be a valid defense to an assault charge in Illinois. Consult with an experienced attorney to know if the circumstances of your case allow you to plead self defense.
