Many if not most folks in Illinois believe that our state requires good people to retreat from a threat if they can do so safely before using force in self-defense. However, as one of the nation’s highest profile and most successful criminal defense attorneys explained at our Peoria GSL meeting, that’s simply not true.
Attorney Dave McDermott explained that, believe it or not, Illinois has “Stand Your Ground” (SYG). Admittedly, the anti-self-defense left has done a good job denigrating SYG laws in other states. Those same anti-self-defense advocates aren’t very fond of the Castle Doctrine either. And, as McDermott explained it, Illinois has Castle Doctrine protections at home for everyone.
Neither of those hot-button terms are written into the names of relevant statutes, but court precedent in our state provides both “Stand Your Ground” and “Castle Doctrine” protections for good guys.
Who is this Dave McDermott guy and why should you care what he thinks? Well, he’s a nationally-recognized criminal defense attorney whose firm, The McDermott Law Firm, handles deadly force self-defense cases across America. Did I mention he hasn’t lost a self-defense case yet?
Yeah, he hasn’t lost a case yet.
That’s one reason of many he’s one of the US Concealed Carry Association’s favorite go-to attorneys, especially for high profile cases. He’ll also work for other companies (like Armed Citizens Legal Defense Network) who will cover a member’s choice of their attorney.
For those of you without legal defense coverage, make no mistake, the Team McDermott will work for good old American cash to defend you as well. Their going rate is up to $650/hour and they typically ask for about a $30,000 retainer up front and a second of about the same if the case goes to trial. That’s for the simple cases. Double that for tough ones, for starters. Do you have that sort of money rotting away at Chase Bank? God bless you. As for the rest of us, this should be a commercial of sorts for legal defense coverage. At GSL we don’t care which company you secure coverage with, just have coverage. Yeah, it’ll cost you $150-500 per year, depending on the company and the level of coverage, but if you want to AVOID PRISON in the aftermath of using force in self-defense, you’re gonna need something better than the guy who did your divorce – or your probate attorney.
“Stand Your Ground” allows people to use deadly force in certain situations without any obligation to retreat – at least from public spaces where they have a lawful right to be. Sure, retreat looks good to prosecutors, judges and juries, but it is not required in our state. Not only do many gun owners (and even more than a few firearm instructors who are teaching the deadly force component of the Illinois Concealed Carry mandated training) not know this, but too frequently not even cops, judges and prosecutors are as familiar with this as they should be. And then there are members of the general public who can and will be sitting on your jury should you ever find yourself prosecuted for righteous self-defense.
The Castle Doctrine creates a rebuttable presumption that anyone who forces entry upon your residence (including hotel room, RV, or anywhere else you lay your head for the night) in a violent and tumultuous manner poses a lethal threat. As such, you may use deadly force to thwart that intrusion/attack.
You won’t find “Stand Your Ground” verbiage in Illinois Compiled Statutes, but the high court in our state has interpreted existing law to offer that protection. (Another reason if you’re just reading the law in your CCW class and not learning the nuances of its application, you’re only getting part of the picture.) The same goes for the “Castle Doctrine” language, although the black-and-white law in Illinois discusses a “violent, riotous, or tumultuous manner” which comes pretty close to the Castle Doctrine. Again, court decisions have bolstered that to something that very closely approximates Castle Doctrine when it comes to the standard by which you will be judged.
McDermott emphasized repeatedly that among police, prosecutors, defense attorneys and even judges, there remains a lot of misunderstandings about what the law and court precedent allows when it comes to self-defense. That goes double for juries as well.
Our guest speaker also railed against the No Cash Bail law because it’s ensnaring not only bad guys but good guys who righteously use force in self-defense. Imaging using your gun to thwart a robber, rapist or carjacker to only then be victimized by the No Cash Bail law as you’re held without bail until trial. That’s a reality not only in Cook County, but in other counties as well.
He answered questions and reminded folks that nothing you say to the police can be used in your defense. So don’t talk to the police without your attorney. “And let someone else make that 911 call, where possible,” he added.
Thank you for this. At my renewal class a few years ago at High Caliber, the instructor gave some very different analysis of the law of self-defense. Ibam going to put my cart behind “Team McDermott” over a former cop.
Same guy claimed my IL CCW wasn’t good in Indiana. I just nodded politely,shot my 50 roundd and took my cert. Never been back.
Renewed my CCL at High Caliber the first time. This year their price was so ridiculous that I found some place else. Unfortunately, they are the only place available in Champaign County, so I had to drive about 50 miles to another place. The extra gas was more than paid for with the savings on class fees.