Self-Defense Laws in Illinois

Illinois has no duty to retreat for a person who did not start the confrontation. The Illinois pattern jury instruction states: "A person who has not initially provoked the use of force against himself has no duty to attempt to escape the danger before using force against the aggressor." The rule comes from case law (People v. Hughes, 46 Ill. App. 3d 490 (1st Dist. 1977); People v. Miller, 259 Ill. App. 3d 257 (1st Dist. 1994)).

A person is justified in using force when and to the extent the person reasonably believes it is necessary to prevent or end another's unlawful entry into or attack on a dwelling. Force intended or likely to cause death or great bodily harm is justified only if (1) the entry is made or attempted in a violent, riotous or tumultuous manner and the person reasonably believes the force is necessary to prevent an assault on or personal violence to someone in the dwelling, or (2) the person reasonably believes the force is necessary to prevent a felony in the dwelling. A home dweller does not have to wait for the unlawful entry to be completed before using justifiable force.