Can You Claim Self-Defense for Aggravated Battery?

 Posted on June 20, 2025 in Criminal Defense

Facing an aggravated battery charge in Illinois when you are sure you acted in self-defense can be overwhelming and frustrating. Illinois law allows you to protect yourself in certain situations. However, the line between self-defense and a felony charge can be unclear. How your actions are interpreted can mean the difference between a conviction and a dismissal, and an experienced Chicago aggravated battery defense attorney will ensure you understand your rights and the defense strategies applicable to your case.

How Does Illinois Define Aggravated Battery?

In Illinois, statute 720 ILCS 5/12-3 defines battery as occurring when someone knowingly causes bodily harm to another person or makes physical contact in a way that is insulting or provoking in nature. When certain aggravating factors are present, such as the use of a deadly weapon or injuries causing permanent disability, the offense is elevated to aggravated battery, a felony charge defined under 720 ILCS 5/12-3.05.

For example, in May 2025, several individuals were charged with aggravated battery after allegedly stabbing a man with broken glass and a knife during a confrontation on the Chicago Transit Authority (CTA) Red Line. Because the incident occurred on a public transit and the attack involved weapons, prosecutors elevated the charges.

How Does Illinois Define Self-Defense?

According to statute 720 ILCS 5/7-1, you are justified in using force if you reasonably believe it is necessary to defend yourself from someone who is using or intends to use unlawful force against you. However, there are stipulations. The force you use must be proportionate. For example, shooting someone for slapping you in the face would not be considered a proportionate defense. In cases like the CTA incident, determining whether any of the defendants acted in self-defense would require a careful analysis of video evidence, witness statements, the events leading up to the attack, and other relevant evidence.

What Can Cause a Self-Defense Claim To Fail?

The unique circumstances matter in your case. For self-defense to be a valid claim, it must be based on a reasonable belief that force was needed to prevent you from getting hurt. For example, if the threat had already passed or there was no clear threat at all, the judge or jury may find a self-defense claim inapplicable. 

Another way it can fail is if you were the initial aggressor. In general, you cannot claim self-defense if you started the confrontation. However, there is an exception. If you clearly withdrew from a confrontation, and the other party continued to attack, you may be able to claim self-defense. Talk to an experienced battery defense attorney about the possible defenses in your case.

Schedule a Free Consultation With a Chicago, IL Aggravated Battery Defense Attorney

If you are facing aggravated battery charges in Illinois, you should not hesitate to contact an accomplished, aggressive, and dedicated Cook County, IL aggravated battery defense lawyer. At Law Offices of James F. DiQuattro, we go the extra mile for our clients, challenging the prosecution’s case and fighting tirelessly to secure a favorable outcome. Contact us at 312-627-9482 to schedule your free consultation today and allow us to advocate for you.