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ILLINOIS MURDER AND HOMICIDE ATTORNEYS
Proven Success in Beating Homicide Cases
Murder charges or Homicide charges is defined as the deliberate and unlawful killing of one person by another; in other words, . There are not only different degrees of murder charges but also a difference between a conviction of murder and one of manslaughter. Generally, a charge of murder indicates that the killing was done on purpose, whereas a charge of manslaughter indicates it was an accident. We can help you understand the differences and fight your case if you have been charged with any of these listed below.
Types of Degrees of Murder Charges
Murder or Homicide is defined as the deliberate and unlawful killing of one person by another; in other words, murder. There are not only different degrees of murder charges but also a difference between a conviction of murder and one of manslaughter. Generally, a charge of murder indicates that the killing was done on purpose, whereas a charge of manslaughter indicates it was an accident. We can help you understand the differences and fight your case if you have been charged with any of these listed below.
First Degree Murder
First-degree murder is the most serious and thus typically has the most severe punishment. Any homicide in which the defendant maliciously planned and intended for the victim to die is considered to be first-degree murder. In Illinois, the penalty is anywhere between 20 years to a life sentence in prison. Moreover, committing or attempting to commit sexual assault, kidnapping, arson, robbery, burglary, invasion of the home, sexual abuse of a child, sexual molestation of a child under the age of 14 years, child abuse or abuse of an older person are also considered first degree murder, whether or not the defendant did not have the intention to kill but ends up doing so.
Illinois First Degree Murder Charge Penalty
Minimum: 20 Years in Prison
Maximum: Life in Prison
Other types of first degree murders are:
An act or attempted act of terrorism.
Intending to create a great risk of death and injury to people by means of weapon, or course of action that is dangerous to other people in public or private schools.
Second Degree Murder
These are all other murders that are not listed in the first degree murder. It also is the act of intentionally killing without planning to do in advance; or actions taken that could easily be predicted in death, whether the action is un-intentional. A good example is; if a guy keeps his gun under his desk for protection, then he gets really angry, take out the gun and shoots someone. The intention (to kill) is present, but there is no plan to kill someone. Therefore, it is classified as second degree murder.
Illinois Second Degree Murder Charge Penalty
Minimum: No prison time or probation
Maximum: 20 years
Other examples of second degree murders are:
Playing a Russian roulette and a death is the outcome.
Firing into a weapon into a crowd at an event.
And any other acts that intends to cause severe injury but ended up in death.
Felony murder is a killing that happens while committing a certain types of crime, whether the killing is intentional or not. This normally happens when the murder is the consequence of other offense such as:
Driving under the influence and accidentally hitting and killing someone.
When a group of people is robbing a house, and one of them shoots the owner due to panic, then all of them could be charged with felony murder.
Adam went into a bank to commit a robbery. He holds the gun up to one of the older teller, who proceeds to have a heart attack and died. The heart attack is connected to the robbery, therefore, it would be considered as felony murder.
Illinois Felony Murder Charge Penalty
Minimum: 20 – 60 Years in Prison
Maximum: Life in Prison
Involuntary manslaughter means that the defendant acted recklessly, or without regard to the safety of others. It is a Class 3 felony in Illinois and the defendant can be sentenced to up to 5 years in jail.
Voluntary manslaughter occurs when the defendant has been provoked (whether by rage or desperation) and kills the victim. Typically, there is no original intent to kill, but circumstances drive the person to the extreme, not excusing the murder, but making it more understandable. In Illinois, however, voluntary manslaughter only applies to kill an unborn child and charges it as a Class 1 felony, which comes with a penalty of 4 to 15 years in prison and various others.
To defend a murder case, a lawyer needs diligence and expertise. I am partnered with John Miraglia, a veteran in the criminal defense area. Together, we provide a tag-team approach to your murder case. This approach helps in reviewing all the evidence the state has against you, in essence, leveling the playing field as the state will have additional counsel on their side. In addition, filing motions to exclude evidence and selecting juries is critical in establishing your innocence. We use tactics such as these to help defend you. Know that you will have a team of lawyers working diligently in your corner.