720 ILCS 5/7-1:
Use of Force in Defense of Person

Section 7-1 of the Illinois Criminal Code establishes the legal framework for the justifiable use of force in defense of a person. This statute defines the circumstances under which a person may lawfully use force, including deadly force, against another.^[1]

General Rule: Non-Deadly Force

Under 720 ILCS 5/7-1(a), a person is justified in the use of force against another when and to the extent that the person reasonably believes such conduct is necessary to defend themselves or another against the other person's imminent use of unlawful force.^[1] This general authorization has three critical elements that must all be present:

• Reasonable belief: The person using force must have an objectively reasonable belief that force is necessary. A purely subjective or irrational fear is not sufficient.
• Necessity: The force used must be necessary to prevent the threatened harm. Force that exceeds what is reasonably necessary is not justified.
• Imminence: The threatened unlawful force must be imminent, meaning it is about to occur or is actively occurring. Force used in retaliation for a past attack or in anticipation of a speculative future threat is not justified.

Deadly Force

Section 7-1(a) further provides that deadly force is justified only when a person reasonably believes it is necessary to prevent imminent death or great bodily harm to themselves or another, or to prevent the commission of a forcible felony.^[1] The statute does not separately define "deadly force." Illinois courts treat force likely to cause death or great bodily harm, including discharging a firearm at a person, as deadly force.

The term "forcible felony" is defined in 720 ILCS 5/2-8 and includes offenses such as murder, robbery, burglary, arson, kidnapping, aggravated battery resulting in great bodily harm or permanent disability, and any other felony that involves the use or threat of physical force against an individual.^[2]

Defense of Another Person

Section 7-1 expressly extends the right of self-defense to the defense of third parties. A person may use force, including deadly force where authorized, to defend another person under the same standards that would apply if the defender were personally threatened. The defender must reasonably believe that the third party is in imminent danger of unlawful force, and the force used must not exceed what the defender reasonably believes is necessary.^[1]

Limitations on the Use of Force

The right to use force under Section 7-1 is not absolute. The statute does not justify force in the following circumstances:

• Initial aggressor: A person who initially provokes the use of force against themselves generally cannot claim self-defense. Under 720 ILCS 5/7-4(c), the justification returns by either of two independent routes. The first applies when the responding force is so great that the aggressor reasonably believes they are in imminent danger of death or great bodily harm and that they have exhausted every reasonable means to escape that danger other than force likely to cause death or great bodily harm to the assailant. The second applies when the aggressor in good faith withdraws from physical contact with the assailant and indicates clearly to the assailant a desire to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.
• Excessive force: Force that exceeds what is reasonably necessary to counter the threat is not justified. Under Section 7-1(a), force intended or likely to cause death or great bodily harm is justified only when the person reasonably believes it is necessary to prevent imminent death or great bodily harm to themselves or another, or the commission of a forcible felony
• Provoking force to inflict injury. Under 720 ILCS 5/7-4(b), self-defense is unavailable to a person who initially provokes force intending to use it as an excuse to inflict bodily harm on the assailant

Reasonable Belief Standard

Illinois courts apply an objective-subjective test when evaluating self-defense claims. The finder of fact considers whether the defendant's belief was reasonable under the circumstances as they appeared to the defendant at the time. Evidence of the other person's violent or aggressive character can be relevant to show how the defendant's knowledge of that character affected the defendant's perceptions of and reactions to the other person's behavior.^[3]

Burden of Proof

In Illinois, unless the State's evidence raises self-defense, the defendant must present some evidence to raise the issue. Once the issue is raised, the prosecution must disprove self-defense beyond a reasonable doubt. The defendant does not bear the burden of proving that their use of force was justified. The prosecution must negate at least one element of self-defense beyond a reasonable doubt.^[4]

See also: 720 ILCS 5/7-2: Castle Doctrine and Defense of Dwelling

See also: 720 ILCS 5/7-3: Defense of Other Property