People v. Bardsley

Illinois Appellate Court
Criminal Court
Self-Defense
Citation
Case Number: 
2017 IL App (2d) 150209
Decision Date: 
Thursday, June 8, 2017
District: 
2d Dist.
Division/County: 
McHenry Co.
Holding: 
Affirmed.
Justice: 
SPENCE

Defendant was convicted, after bench trial, of aggravated assault of a private security officer. Self-defense, as a defense to assault and derivative offenses, is an affirmative defense that a defendant forfeits by not raising. State's presentation of evidence sufficient to allow a defendant to raise the defense does not ipso facto raise the defense; a defendant must explicitly raise the defense to avoid forfeiture.(JORGENSEN and SCHOSTOK, concurring.)