Use of Deadly Force In Illinois

RULE OF SELF-DEFENSE IN ILLINOIS

(720 ILCS 5/7-1) Sec. 7-1. provides that “a person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other's imminent use of unlawful force. In Illinois, a person has lawful right to use deadly force “only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself, or another, or the commission of a forcible felony.”

An individual is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony.” However, the justification of self-defense is not available to a person who:

(a) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or

(b) Initially provokes the use of force against himself, with the intent to use such force as an excuse to inflict bodily harm upon the assailant; or

(c) Otherwise initially provokes the use of force against himself, unless:

(1) Such force is so great that he reasonably believes that he is in imminent danger of death or great bodily harm, and that he has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or

(2) In good faith, he withdraws from physical contact with the assailant and indicates clearly to the assailant that he desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force ((720 ILCS 5/7-4) Sec. 7-4.)

 The use of self defense is justified only if the defender meets three requirements which demonstrate that self-defense was necessary and the amount of force used was appropriate:

 1. The force used must seem necessary to prevent the attack;

2. The force used must have been proportional to the gravity of the attack; and

3. The threat of force by the attacker must have been immediate and imminent.

 DEFENSE OF HOME AND OTHER PROPERTY

 (720 ILCS 5/7-2) Sec. 7-2. provides that “a person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's unlawful entry into or attack upon a dwelling. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if:

 (a) The entry is made or attempted in a violent, riotous, or tumultuous manner, and he reasonably believes that such force is necessary to prevent an assault upon, or offer of personal violence to,him or another then in the dwelling, or

(b) He reasonably believes that such force is necessary to prevent the commission of a felony in the dwelling.”

(720 ILCS 5/7-3) Sec. 7-3. provides that “a person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with either realproperty (other than a dwelling) or personal property, lawfully in his possession or in the possession of another who is a member of his immediate family or household or of a person whose property he has a legal duty to protect. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent the commission of a forcible felony.”