Details are still sketchy regarding a South Side defense of property shooting that seriously wounded two people.
Apparently, two men in their 20s entered a store on West 75th Street. They brandished weapons and made threats. The business-owner then fired several shots, hitting one attacker in the abdomen and the other one in the arm. After fleeing the scene, both would-be armed robbers showed up a short time later at a nearby hospital. They are both expected to survive.
A Brief Overview of Illinois Self-Defense Laws
When it comes to carrying a licensed handgun outside your home or business, Illinois has one of the most restrictive laws in the country. Yet when it comes to using a licensed weapon inside your home or business, Illinois law is quite liberal. In fact, the Prairie State effectively has a “stand your ground” law. 720 ILCS 5/7 does not contain a duty to retreat before using force or deadly force.
In 2004, Illinois lawmakers changed this provision, making self-defense an affirmative defense. It applies if actors used justifiable force to protect:
- Their homes,
- Their property, or/li>
- Themselves or other people./li>
Force is justifiable if it is proportional to the threat. Additionally, that threat must be reasonable. Finally, the threat must be imminent.
Things get a little complicated here. Assume that the actor thinks she sees the outline of a weapon in in an attacker’s pants, but she was mistaken about the gun. Nevertheless, she shoots him. Or, assume that the attacker said something like, “Just give me your money and I will not hurt you.” In that first set of facts, a prosecutor could argue that the actor’s belief was not reasonable. In the second set of facts, a prosecutor could argue that there was no imminent threat of serious bodily harm.
These arguments would probably fail in criminal court. However, they may work in a separate civil proceeding. More on that below.
There is also the matter of regular force and deadly force. Regular force, which is basically simple battery, is acceptable in almost any circumstance. In Chicago, a fist will not stop an armed attacker, in most cases. So, the deadly force inquiry becomes relevant. Illinois law allows this level of force if the actor:
- Believes it is necessary to prevent death or serious bodily harm, or/li>
- Is preventing a forcible felony./li>
Under Illinois law, forcible felonies are any felonies which involve force or the threat of force. That list includes rapes, burglaries, robberies, murder, aggravated assaults, and arsons.
In the above story, the South Side business-owner was clearly trying to prevent a forcible felony (armed robbery). Arguably, he was also protecting himself against deadly force. So, the affirmative defense clearly seems applicable.
Illinois Self-Defense and Civil Liability
The South Side business-owner, as well as our hypothetical mugging victim, might have problems in civil court. There, the burden of proof is a lot lower. The plaintiff, who would be the attacker or the attacker’s survivor, must only establish liability by a preponderance of the evidence (more likely than not).
But hold on a minute. The aforementioned 2004 amendments also included a clause that gives self-defense actors immunity in similar civil proceedings. The immunity does not apply if the criminal court did not uphold the affirmative defense. So, it is doubly important to have an experienced and aggressive attorney in the criminal case. Without such representation, a self-defense actor could be looking at both jail time and a substantial liability judgment.
Contact Hard-Hitting Attorneys
Illinois has generous, yet subtle, self-defense laws that an experienced attorney knows how to use. For a confidential consultation with an experienced criminal defense lawyer in Schaumburg, contact Glasgow & Olsson.
(image courtesy of Aaron Mello)