When Can You Legally Shoot an Intruder or Aggressor

[angelgz]

My question involves criminal law for the state of: Illinois.

Good day all. My area has recently experience increased reports of break-ins (some are violent) and increased hate crimes against minorities. I present two different hypothetical scenarios that potentially could happen to me and my family -- I have two very young kids who are practically defenseless. I am a little Asian guy who has no training whatsoever in combat and a 14 year old white kid could probably beat the crap out of me.

Hypothetical Scenario 1:
Someone breaks into our house in the night. Our state does not have stand your ground laws. Upon a brief search I find that in the state of Illinois, I could only use "sufficient force to subdue the attacker". In addition (rather ridiculous in my view), I must reasonably assess the danger and not use deadly force that could be interpreted as "Imperfect Self-Defense". My question then is, how could I know? If someone puts his hand in his pocket at night, or even holding a banana pretending to have a gun, I could not see clearly in the darkness. Sure, I can turn on the lights and check him out, but what if the intruder indeed has a gun and is spooked by the very act of turning on the lights and shoot me? In addition, in the darkness, I couldn't reasonably assess the age of the intruder, who, may very well be a minor (the fact is I can NEVER tell someone's age at all as the difference between a 16 year old vs a 18 year old is often non-existent). Sure, I'll do my best and shoot his knees to disable him, but hey, I'm not a sharp shooter and I have no military training whatsoever. It could very well be that in all that anxiety and darkness, I accidentally misfired and shot him in the head. So in this case, I feel that I could be easily labelled as the aggressor who shot an "innocent" kid, who may or may not be carrying a deadly weapon. Weeping parents could easily make a case in course and convince the jury that he was a "good kid" and I killed him. Looking at all those cases of police shooting, they get in trouble even after ascertaining that the aggressor had a gun, odds are not in my favor.... So, does anyone know how I can prepare for a situation like this and not having to go to jail just for defending my family?


Hypothetical Scenario 2:
A bunch of youngsters (again, I can't tell age, so unless they are all 12 years old, there's no guarantee I'll know whether they are 18.) attacks my family and I in a public place, calling us by racial slurs and approach my family and I with aggression. Sure, I CAN let them land the first punch, but then again all that anxiety and fear may not allow me to act rationally. The law says I must assess the danger, but I feel that's very unreasonable. It's like asking Sully to assess and calculate whether there's enough time to land the plane in the near by airport when both engines are down --- how do you expect the mind to work logically in such fear? So, let say, upon their approaching with VERBALLY abusive words and treats of bodily harm, I grab the fruit knife from my pocket and stabs the aggressor closest to me -- is that self defense, or is this going too far? How can I reasonably and logically defend myself when fear and anxiety has taken 99% of my mind?

Thanks in advance!

[flyingron]

Understand, that even if you are 100% justified in shooting an attacker, if you kill him, you are in a world of hurt both criminally (until you are cleared) and potentially civilly.
Shooting at unidentified targets in the dark, even in states with liberal syg/castle laws, is highly risky. The law takes a dim view on you killing someone just because they came to your door.

I would suggest that you get some competent firearms instruction from a competent teacher. I'm not going to indulge your fantasies about "accidentally misfiring into someone's head."
Frankly, there is nothing ACCIDENTAL in firearms handling. If the shot doesn't go where you expect it at the time you expect it to go there the word is LETHAL NEGLIGENCE, not accident.

[adjusterjack]

My question involves criminal law for the state of: Illinois.

Good day all. My area has recently experience increased reports of break-ins (some are violent) and increased hate crimes against minorities. I present two different hypothetical scenarios that potentially could happen to me and my family -

If you have to think about all that during a hostile encounter you might as well toss the weapons aside and lie down because you'll already be dead.

I agree that you should get yourself trained in the use of firearms, hopefully at a facility that uses FATS (Firearms Training Simulator) or similar where you get a feel for what it's like to shoot at a human being who is threatening your life.

Instinct keeps you alive.

Thinking makes you dead.