Appropriate, non-lethal force may be used to protect property. If someone snatches your purse, you can spray it with pepper spray, but you can`t shoot a gun at them unless the abuser is trying to cause you serious bodily harm. It`s two o`clock in the morning, you`re awakened by the sound of glass breaking. You run down the hallway with your gun unsheathed and find a stranger crawling out your bathroom window. If you shoot him, will you be charged with assault or murder? Could the intruder sue you for hurting him? The answers depend on the state you live in and your situation. So what legal protection could you have if you shoot an intruder? Laws governing the legitimacy of the use of potentially lethal force can vary widely from state to state, but here are some general considerations for determining when it is legal to use a firearm to defend oneself. While Minnesota and other states have a « duty to withdraw » and « stand firm » laws regarding the use of firearms in self-defense, there are laws that can play a role in these shooting cases. For example, if a person uses a firearm to defend themselves outside their home, illegal possession of a firearm can affect the outcome of the shooting. Most states require permits to legally carry a firearm.
If a person does not have a transportation permit and shoots someone, even if they are in self-defence, they could be charged with grievous bodily harm. Understanding state-specific laws regarding justifying murder through the use of a firearm can protect a person from being charged with a crime. Gun owners in all states should know and understand the state`s self-defense laws. Typically, state laws may allow the use of lethal physical force, and this is believed to be legally justified if an intruder is about to illegally and forcibly enter a home or apartment. Some states even allow the use of lethal force when there is an illegal and violent entry into an occupied store or vehicle. Lethal force can only be used if you have reason to believe that action is necessary to prevent death or serious bodily harm, or to legally defend another person. If someone destroys your car, you can`t shoot them with a gun. If a 100-pound boy tries to hit a 200-pound man, the tallest man can`t stab the boy with a knife.
It may be a different story when the 200-pound man tries to attack the 100-pound boy. So, is it illegal to shoot an intruder? The answer depends on whether you acted in self-defense and whether any of these teachings are true. This article examines the elements necessary to establish self-defense, and in particular the Castle doctrine and the Stand Your Ground doctrine. If you injure or kill the perpetrator in justified self-defence, neither the perpetrator nor his or her family can sue you for assault or wrongful homicide. Illinois Defense of Your Home Act The Illinois Use of Force in Housing Defense Act (750 ILCS 5/7-2) contains the following guidelines: • You can use reasonable force to prevent someone from trying to break into your home or someone else`s; • You can use lethal force if you have reason to believe that it is necessary to prevent the commission of a crime in your home. (Note that this does not indicate a « violent » crime.) Definition of Deadly Force in Illinois « Fatal Violence » means a level of violence that is intentional or likely to cause death or serious bodily harm. If you fire a gun at an attacker, even if you don`t hit them, it`s deadly force. If you carefully fire the weapon in a way that is very unlikely to cause damage, and you only aim to scare the attacker and alert them that you are armed, this is not a lethal force. « Major bodily injury » is not specifically defined in Illinois law, but can be broadly defined based on previous Court of Appeals decisions as injuries severe enough to significantly impair a person`s physical function and warrant immediate treatment by a physician. Joliet Firearm`s defense lawyer Even someone who clearly acted in self-defense will be questioned and possibly detained until the incident is thoroughly investigated. If this happens to you, you have the right to consult with a Will County Firearms Advocate before making statements.
The law firm Jack L. Zaremba will ensure that your constitutional rights are protected and provide an aggressive defense against any criminal charges that may be brought against you. Call 815-740-4025 for a free consultation. We take calls day and night. Illinois does not have a « Stand Your Ground » or « Castle Doctrine » law, nor does it have a « Duty to Retreat » law. Instead, Illinois has a « justifiable use of force » law, 750 ILCS 5/7, which was passed in 2004. This law is of particular importance to concealed carrying license (CCL) holders and other firearms owners in Illinois, which defines when you can use « appropriate force » versus « lethal force » in self-defense. Illinois Self-Defense and Defense Act The Illinois Use of Force in Defense of the Person Act (750 ILCS 5/7-1) contains the following guidelines: • You can defend yourself with equal force if you have reason to believe that you or another person is about to be unlawfully attacked.
For example, if an attacker approaches you with a knife, you can retaliate with any heavy or sharp object at your disposal or brandish a chair or other large object as a shield. In general, the use of force against a person who poses a threat must be reasonably necessary to protect oneself. In addition, the force must also be adequate. For example, if someone sprays you with a water gun, you can`t attack them with a baseball bat. On the other hand, if someone attacks you with a stick, you could probably defend yourself with a similar object. You can also use reasonable and necessary force to defend another person. In Minnesota, a person is legally allowed to shoot or even kill an intruder who breaks into their home and threatens the person with serious bodily harm or death. However, the person must stop shooting when the threat is eliminated, even if the intruder is injured and still alive on the ground. In other states, self-defense laws go even further than Minnesota`s self-defense laws. These states have « stand your ground » laws and no « obligation to withdraw ». In general, « Stand Your Ground » laws allow people to respond to threats or violence without fear of prosecution. In Stand Your Ground states, a person is not required to withdraw once the risk of harm has been eliminated.
The law gives everyone the right to defend themselves with a reasonable response.