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Can I Be Charged with Assault When Acting in Self-Defense?

 Posted on April 29, 2024 in Criminal Defense

IL defense lawyerWhen someone attacks you, you are entitled to fight them off to avoid getting hurt. Unfortunately, the person who attacked you first might claim that you attacked them, and it can be difficult to prove that you were acting in self-defense. They might have had the intention of injuring you, but if you manage to protect yourself and stop them from hurting you and you do not have proof that they attacked you first, you might face charges of assault, battery, aggravated assault, or aggravated battery. This can be a very unfair and overwhelming situation to be in. If this happens to you, contact a qualified Naperville, IL criminal defense lawyer who can help the court see what really happened.

What Does Self-Defense Entail?

If someone attacked you but got hurt as you defended yourself against their attack, they might try to claim that you attacked them first and pretend they were the victim. While proving what happened might feel necessary for the sake of justice, truth, and your reputation, there are practical reasons to do so as well. If you are charged with assault or battery, you could face serious consequences that you do not deserve if you were defending yourself against the true attacker. Serving a jail sentence and having a permanent criminal record does not seem fair if the so-called victim of your attack was trying to hurt you first.

You can claim self-defense, which means you need to admit that you did take the physical action you are accused of, but that you had a good reason to do so because the other person attacked you. If someone tried to mug you and you swung your bag at their head, causing them to fall down and then get a concussion, you can admit that you did hit them in the head with your bag while also explaining why.

To be legally considered self-defense, the following conditions must be met:

  • You believed there was an imminent threat that you or a loved one would be hurt or your property would be damaged.
  • You believed you needed to use force to prevent this imminent threat from being realized.
  • You believed you used reasonable force for the situation you were in.

Schedule a Free Consultation with an Illinois Criminal Defense Lawyer

Proving you were acting in self-defense can be challenging. An experienced Naperville, IL defense attorney can demonstrate the circumstances of the incident, the fear you felt as you were confronted with the threat of an attack, and the severity of force that you used to show that you were not initiating but rather responding to aggression. At Law Office of Philip R. Nathe, we are committed to getting justice for our clients and making sure they do not suffer the consequences of a criminal record for crimes they did not commit. Call 630-416-7600 to schedule a free consultation.

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