elements of self defense in Illinois

2025Defendant claimed self-defense. - 10 - 2025 IL App (2d) 240343-U “Self-defense is an affirmative defense, and once a defendant raises it, the State has the burden of proving beyond a reasonable doubt that the defendant did not act in self-defense, in addition to proving the elements of the charged offense. [Citation.] The elements of self- defense are: (1) that unlawful force was threatened against a person; (2) that the person threatened was not the aggressor; (3) that the danger of harm was imminent; (4) that the use of force was necessary; (5) that the person threatened actually and subject

2022The elements of self- defense are as follows: “(1) that unlawful force was threatened against a person; (2) that the person threatened was not the aggressor; (3) that the danger of harm was imminent; (4) that the use of force was necessary; (5) that the person threatened actually and subjectively believed a danger existed that required the use of the force applied; and (6) the beliefs of the person threatened were objectively reasonable.” People v. Lee, 213 Ill. 2d 218, 225 (2004).

2021The elements of self- defense are: - 11 - “(1) the defendant was not the aggressor; (2) the danger of harm was a present one; (3) the force threatened must have been unlawful—either criminal or tortious; (4) the defendant must actually have believed that the danger existed, that his use of force was necessary to avert the danger, and that the kind and amount of force which he used was necessary; and (5) the defendant’s belief, in each of the aspects described, was reasonable even if it was mistaken.” People v. Everette, 141 Ill. 2d 147, 158 , 565 N.E.2d 1295, 1299 (1990). ¶ 56 A trial court’s

2021The elements of self- defense are: - 11 - “(1) the defendant was not the aggressor; (2) the danger of harm was a present one; (3) the force threatened must have been unlawful—either criminal or tortious; (4) the defendant must actually have believed that the danger existed, that his use of force was necessary to avert the danger, and that the kind and amount of force which he used was necessary; and (5) the defendant’s belief, in each of the aspects described, was reasonable even if it was mistaken.” People v. Everette, 141 Ill. 2d 147, 158 , 565 N.E.2d 1295, 1299 (1990). ¶ 56 A trial court’s