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Manslaughter in Illinois

Illinois law defines manslaughter as the unjustifiable, inexcusable and intentional killing of a human being without deliberation, premeditation and malice. Manslaughter is either committed recklessly or is actually murder committed under the influence of extreme mental or emotional disturbance. Manslaughter may be voluntary or involuntary.

How is manslaughter different than murder?

In Illinois, murder is the unlawful killing of a human being by another with malice aforethought, either express or implied (this is 1st degree murder). So, there is some predetermination or plan to commit the act. With manslaughter, however, there is no such predetermination. Rather, the act is committed recklessly or the act is committed with intense and sudden passion after being provoked (2nd degree murder). For example, if you are fighting with your spouse and threw a knife in anger, if it killed them, that would likely be manslaughter. If you were hiding in the closet waiting for them, it would likely be murder.

What is the difference between involuntary and voluntary manslaughter?

Voluntary manslaughter is 2nd degree murder as described above. Involuntary manslaughter is where a person unintentionally kills an individual without lawful justification based on acts that are reckless and likely to cause death or great bodily harm.

What if the crime is involuntary manslaughter but involves use of a motor vehicle?

If the crime would be considered involuntary manslaughter but the cause of death was due to driving of a motor vehicle, then it would be reckless homicide.

What is the difference in potential punishment?

Every case is different but here are the potential sentences –

• 1st degree murder - 20 to 60 years in prison or natural life or death penalty
• 2nd degree murder - Up to $25,000 fine and/or 4 to 20 years in prison
• Involuntary manslaughter - Up to $25,000 fine and/or 2 to 5 years in prison
• Reckless homicide - Up to $25,000 fine and/or 3 to 14 years in prison

Any tips?

If you hurt someone in a rage or self defense, your natural instinct would likely be to explain your story to the police. We highly recommend that you never have a conversation without an experienced attorney present. Anything you say can and will be used against you.

Finding an attorney

Whether you need a Chicago manslaughter lawyer or a criminal law firm in Joliet, Waukegan, Wheaton, Bloomington, Springfield or just about anywhere else in Illinois, we are the right source for finding who has real success with these cases. If you would like a referral to an Illinois criminal defense lawyer who is experienced in defending manslaughter charges or have general questions, please call us at (312) 346-5320 or (800) 517-1614 or fill out our contact us form and we will contact you. All inquiries are free and confidential.