Self Defense and the Duty to Retreat

When faced with an imminent threat, self-defense is a fundamental right that allows individuals to protect themselves from harm.

What many people fail to realize, however, is that there are situations where you have a duty to retreat before resorting to force. Failure to do so can result in criminal charges or even a conviction.

What does Duty to Retreat Mean?

According to criminal defense attorney Zaid Abdallah, in most circumstances, if it's reasonable for you to retreat, you must retreat. For example, if someone is threatening you from a distance, and you have the opportunity to leave the area, in Illinois the law requires you to do so. In criminal defense cases this is known as the Duty to Retreat.

When don’t you have to retreat?

There are situations, however, where you don't have a duty to retreat. For instance, if danger is imminent, you don't have to retreat because it's not reasonable for you to do so.

Similarly, if the aggressor has already attacked you, you don't have a duty to retreat at that point. In Illinois, there is a jury instruction that highlights this point to the jury during your trial.

Defending yourself in your home

How does this affect individuals defending themselves in their own home? In Illinois there is what is called the Castle Doctrine, which means that you have no duty to retreat if you're in your home.

If an intruder enters your home, and you have a reasonable means of keeping yourself safe within your home, you don't have to retreat. Simply put, the Castle Doctrine allows for you to engage the intruder without having to retreat.

Final thoughts

It's essential to note that the Duty to Retreat doesn't mean that you can't defend yourself. The law allows you to use proportional force to defend yourself, but only when it's reasonable to do so. The Duty to Retreat is intended to both prevent unnecessary violence, and protect innocent parties from harm.

The duty to retreat is an important legal concept that everyone should understand. If you're faced with an imminent threat, it's crucial to assess whether it's reasonable to retreat — before resorting to force. Failure to do so can lead to criminal charges or even conviction.

If you have any questions or concerns about the duty to retreat, it's best to contact the experienced criminal defense attorneys at Abdallah Law today (312)229-0008.