Chicago Personal Injury Lawyers - Article

Defenses to Intentional Torts: Self Defense

Self defense, really the right of self defense, is the right that civilians have to engage in violence on their own behalf for the sake of defending one’s own life or the lives of others. This does not include the right to use deadly force.

In the majority of jurisdictions, defense of self or defense of others is an affirmative defense to charges of an intentional tort like battery. It acts in a way that provides complete justification for using violence to defend one’s self when the degree of violence used does not exceed that of the threat faced.

When an assailant ceases being a threat such as by being tackled, restrained, surrendering, or fleeing, the defense will fail if the defending party continues to attack. In other instances, using deadly force in an attempt to disable rather than kill the assailant could be used to show that the defendant wasn’t in enough danger to justify lethal force in the first place.

Depending on the situation presented, there might be a duty to retreat. This creates a problem when alleging self defense. The defense of self defense is particularly problematic when applied to abusive relationships. It is also a problem in burglary situations given the “castle exception.” The castle exception argues that one should not be expected to retreat from one’s own home. If one is “challenged” in a bar to a fight, accepting the challenge rather than walking away will not hold up as “self defense.”

In the United States, the concept of “pre-emptive” self defense is constrained in that the threat must be imminent. Lawful “pre-emptive” self defense is the act of landing the first punch in a situation that has reached a point of no hope for de-escalation or escape.

Contact a Chicago Personal Injury Lawyer

If you have been injured by someone’s intentional act against you, contact the Chicago personal injury lawyers of Friedman & Bonebrake 312-466-8200 to discuss the situation surrounding your injuries.