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 is the foundation of self-defense law in Illinois and 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] "Deadly force" is defined as any use of force that creates a substantial risk of causing death or great bodily harm, including but not limited to the discharge of a firearm.
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 level of force used must be proportional to the threat.[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, unless they have exhausted every reasonable means of escape and have communicated their withdrawal from the encounter
- Excessive force: Force that exceeds what is reasonably necessary to counter the threat is not justified. Using deadly force to repel a minor, non-deadly threat may result in criminal liability
- Mutual combat: Participants in consensual mutual combat may have limited self-defense claims, depending on the circumstances and whether one party attempted to withdraw
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. Relevant factors include the relative size and strength of the parties, any history of violence between them, the nature of the threat, and whether the defendant had knowledge of the aggressor's violent tendencies.[3]
Burden of Proof
In Illinois, once a defendant raises self-defense and presents some evidence to support the claim, the burden shifts to the prosecution to disprove self-defense beyond a reasonable doubt. The defendant does not bear the burden of proving that their use of force was justified. This allocation of the burden of proof is significant because it means the prosecution must affirmatively establish that at least one element of the self-defense claim -- reasonable belief, necessity, or imminence -- was not present.[1]
See also: 720 ILCS 5/7-2: Castle Doctrine and Defense of Dwelling