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

            The fight started at the bar.  Both you and the other guy were throwing punches, but you only got involved to try to stop the original fight.  Now you are charged with aggravated battery.

            Can you claim self defense?

In Illinois, you can show self defense by presenting some evidence that: (1) force was threatened against you, (2) you were not the aggressor, (3) the danger of harm was imminent, (4) the threatened force was unlawful, (5) you actually and subjectively believed the danger required using the force applied, and (6) your beliefs were objectively reasonable. 

Self-defense is not available if you initially provoked the force used against you, unless:

*Such force is so great that you reasonably believed you were in imminent danger of death or great bodily harm, and

*You exhausted every reasonable means to escape the danger other than by using force that is likely to cause death or great bodily harm.

For example, in People v. Williams,  a group tried to rob Beam, a passenger on the CTA red line, but Beam stabbed one of the robbers.  The group then came across defendant in another car and told him someone had been stabbed.  Defendant decided to stop Beam.  After a chase, Beam lunged at defendant with a knife, and defendant hit Beam with a bottle.

The court found that defendant failed to prove self defense. When defendant struck Beam, Beam was rushing him with a knife. Thus, force was clearly threatened, and the danger was imminent. From defendant’s view, Beam’s force would have appeared unlawful, as defendant was unaware that Beam had recently been attacked. And, defendant actually and subjectively believed that Beam was going to stab him. That belief was objectively reasonable, given that Beam was about to do so.  The problem was that defendant involved himself in the ongoing fight, despite having no connection with it other than being a fellow passenger. Therefore, defendant failed to prove he was not the aggressor. Defendant sought out Beam, then blocked his exit from the train. Defendant could easily have avoided the danger, the court said, by merely stepping aside.

As the example shows, a judge or jury looks at all the facts to decide if self defense applies.  A slight change in the above facts—defendant steps aside—could mean the difference between conviction and acquittal.  As different judges may view the same facts differently, you should consult an experienced criminal law attorney familiar with your courthouse who can present your facts to your judge in their most favorable light.

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.)

The answer is yes, as long as the officer has probable cause.

According to the Illinois Supreme Court, where police already have the right to make a warrantless arrest for a felony, there is no apparent reason why an investigative alert gives them police any special advantage. Whether the arrest is lawful depends on the information available to the police collectively. If the person issuing the radio bulletin or authorizing the wanted poster had probable cause to do so, the facts need not be present in the mind of the officer making the arrest.

If you are arrested on the basis of an alert, is there anything you can do?  Contact an experienced criminal law attorney immediately. An attorney can review your case for your best possible options.  The arrest must still be based on probable cause.  If not, an attorney can bring a motion before the judge to suppress any evidence from an illegal arrest.

Even if the arrest is legal, the state must still prove you guilty of all the elements of your offense beyond a reasonable doubt.  An attorney can look for holes in the state’s evidence.  But even if the evidence is overwhelming, an attorney, who is respected in the court house, may be able to negotiate a more favorable plea agreement 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.

Reference: People v. Clark

(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.)

Resisting a peace officer is a crime if you knew that: (1) the person was a peace officer, and (2) your actions would obstruct or resist that officer’s authorized act. (See 720 ILCS 5/31-1).

To prove your knowledge, the state may use circumstantial evidence inferred from your actions and the conduct surrounding them. The intent to arrest must be communicated, and your understanding of that intent may be considered. However, the test is not what you in particular thought, but what a reasonable, innocent person would have thought in your shoes. It is not necessary for the officer to explicitly tell you that you are under arrest in order to support the conclusion that you knew the officer was arresting you.

Your resistance must materially impede an officer’s performance of an authorized act. The length of any delay that you cause is one factor in determining whether your resistance was a material impediment. Your conduct may be a material impediment even from a brief delay, if it threatens the officer’s safety.

Note that you may not use force to resist even if the arrest is unlawful. An unlawful arrest is still considered an authorized act under the law.

If you are charged with resisting a peace officer, contact an experienced criminal law attorney immediately. An attorney can review your case for your best possible defense. Did you know you were dealing with a peace officer? Did he or she identify themselves in some way? Was the officer acting in their official capacity or did they simply happen to be there? Were your actions a material impediment? Was the officer performing an “authorized” act?

Even if the evidence is overwhelming and police acted lawfully, an attorney who is respected in the courthouse may be able to negotiate a more favorable plea agreement 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.

Reference: People v. Walston,