A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160

In Illinois, you may use force against someone if you reasonably believe that such force is necessary to stop or end someone’s unlawful entry or attack on your home. (See 720 ILCS 5/7-2.) Further, you may use deadly force to defend your home only if you reasonably believe such force is necessary 1) to prevent a felony, or 2) to prevent violence to yourself or another and the intruder’s entry was violent or riotous.

Contrary to all those stories about burglars suing homeowners, Illinois law does not permit an aggressor to sue you if your use of force was justified. Sometimes, however, the defender may end up as a criminal or civil defendant. In that case, when did defense of a dwelling go too far? The answer depends on the definition of “justified.”

Unlike self-defense, defense of a dwelling does not require danger to life or great bodily harm in order to invoke the right to kill. Nevertheless, both defenses depend on whether the circumstances of your case caused you to reasonable believe that the threatened danger, whether real or apparent, existed. This is a highly fact-specific inquiry which different judges may view very differently. Therefore, if you are charged with battery or murder based on defense of a dwelling, you should look for an attorney who is familiar with your specific judge.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

Reference: People v. Wiggins

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

You were out with friends at a bar. Some guy overheard something you said that he didn’t like. He came over and insulted you. You were not about to let that stand, so you punched him. You knew you lost control, but you were not expecting to be charged with a felony on a first offense. Why is it a felony? What can you do? Under Illinois law, you commit battery, if you knowingly without legal justification by any means (1) cause bodily harm or (2) make physical contact of an insulting or provoking nature. While battery is a misdemeanor, it can be upgraded to aggravated battery, a felony, for a variety of reasons including the location of your fight.

Under Illinois law, such locations include “a public way, public property, a public place of accommodation or amusement, a sports venue, or a domestic violence shelter, or in a church, synagogue, mosque, or other building, structure, or place used for religious worship.” A court looks at whether the offense occurred in an area that was accessible to the public. If so, your offense becomes a Class 3 felony, punishable by 2 to 5 years in prison. Some bars, however, are exclusive and private. If the bar was exclusive and private, your charges would not be upgraded on that basis.

If you have been charged with a battery or a similar offense, contact an experienced criminal law attorney immediately. An attorney can probe for weaknesses in the states’ evidence. As with most crimes, the prosecution must prove all the elements of the offense beyond a reasonable doubt. Was the bar public or private? Did you have legal >justification such as by acting in self defense? Was the physical contact really insulting or provoking? Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea bargain than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

See Illinois Battery and Illinois Aggravated Batterystatutes. See also People v. Crawford.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

An officer generally must have a warrant in order to search you or your property unless an exception to the warrant requirement exists. One exception is that you consented. But did you really? While this may seem like a straightforward yes or no question, the facts can be murky, and different judges may interpret the same facts very differently.

To prove consent, the state must show you did so freely and without coercion. Consent cannot be extracted by implied threat or covert force. If your consent was nonverbal, the court will look at whether you intended to consent or were merely acquiescing to authority.

For example, in People v. Banta, the officer asked the defendant if he could search his person. The officer testified that the defendant “did not tell me no.” Video of the incident did not have sound so that the court had to infer whether defendant gave consent through his body language. The court held that even if defendant had not verbally refused, his lack of protest was insufficient to establish voluntary consent, and that the state had failed to meet its burden of proof.

If you have been charged with a criminal offense, contact an experienced criminal law attorney immediately. Did you agree to the search? Was your consent voluntary? If not, an attorney may be able to petition the court to suppress any evidence resulting from an illegal search.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)