Can I Be Charged with Homicide if I Was Using Self-Defense?

 Posted on September 19, 2023 in Criminal Defense

Homicide is the killing of one human being by another. It is a serious crime in Chicago, and anyone who is accused of it can face life in prison. However, it is important to remember that the victim of an attempted homicide can also be charged with a crime. This is because the initial criminal charges do not always distinguish between who is the aggressor and who was simply using violence to protect themselves in a situation involving violent crime.

Speaking with a criminal defense attorney can help when facing homicide charges. You do not have to face them alone. An attorney can help you understand the charges, and your rights, and develop a defense strategy to fight them.

What is Considered Homicide?

In Illinois, there are two degrees of homicide charges: first-degree murder and second-degree murder.

First-degree murder is committed when someone intentionally kills another person, or when they know that their actions are likely to result in death. First-degree murder can also be committed if the person is engaged in what is referred to as a forcible felony at the time of the killing, such as robbery or aggravated battery.

The penalty for first-degree murder in Illinois is a minimum of 20 years to life in prison without the possibility of parole.

Second-degree murder requires that someone intentionally kills another person, but there are mitigating circumstances, such as:

• The person was provoked by the victim sending them into a rage
• The person believed that the killing was justified under the law at the time it occurred
• The person was not in their right mind at the time of the killing

The penalty for second-degree murder in Illinois is 4 to 20 years in prison or the possibility of probation.

What Can I Do If I Was Using Self-Defense?

As a victim, you can use reasonable force to defend yourself or others from harm. This is called self-defense. To claim self-defense in court, you must show that:

• There was a real and present danger to you or someone else
• The danger was illegal
• You believed that you needed to use force to protect yourself or someone else
• The force you used was reasonable and necessary

The danger must be real and present, not just a threat. If you believe that someone might hurt you in the future, you cannot claim self-defense. The danger must also be illegal. This means that the person who was threatening you must have been using force that was not justified by law.

You must also have reasonably believed that you needed to use force to protect yourself or someone else. The force you used must also have been reasonable and necessary. This means that you must have used only the amount of force that was necessary to protect yourself or someone else.

Contact a Chicago, IL Violent Crimes Defense Attorney

It is important to note that the law is complex, and many factors can affect whether or not you will be charged with homicide if you are a victim. To help in the defense of homicide charges, it is best to consult a Cook County, IL homicide defense attorney as soon as possible. The attorneys at the Luisi Legal Group will work hard to mount a defense on your behalf. Receive an empathetic ear to your situation by calling 773-276-5541 today for a free consultation.