Full question:
My 14 year old son may be charged with battery for an incident that happened on a school bus. Students on the bus were going back and forth with this girl. She became angry and directed a lot of anger and made threats to my son. As she approached him a few times with a belt and threatened to hit him, he pulled out his belt to defend himself against her. All 3 students were suspended from the bus for 30 days. Three weeks later, she is placing charges against my son.
- Category: Criminal
- Date:
- State: Illinois
Answer:
In some cases, using force is permitted for self-defense if a person reasonably believes it’s necessary to protect themselves from imminent unlawful force. It’s important to consult a local attorney who can evaluate the specifics of your situation.
According to Illinois law, a person commits assault if they engage in conduct that puts another in reasonable fear of receiving a battery (720 ILCS 5/12-1). Battery occurs when someone intentionally causes bodily harm or makes insulting physical contact (720 ILCS 5/12-3).
Under Illinois law, a person is justified in using force to defend themselves when they believe it’s necessary to prevent imminent harm (720 ILCS 5/7-1). However, if a person provokes the use of force against themselves, they may not be able to claim self-defense unless they meet certain conditions (720 ILCS 5/7-4).
Additionally, conduct that would typically be an offense can be justified by necessity if the person was not at fault and believed their actions were necessary to prevent greater harm (720 ILCS 5/7-13). This justification can serve as an affirmative defense (720 ILCS 5/7-14).
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This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.