Illinois Lawyer Referrals and Legal Guidance
1st Degree and 2nd Degree Murder in Illinois
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As part of our service we provide free information to the public so they can be educated about the legal process. This page provides a general overview of the difference between first degree and second degree murder in Illinois. If you have any questions just let us know.
Illinois has two different types of murder, first and second degree. First-degree murder is the intentional, premeditated killing of another person without lawful justification, such as self-defense. To be guilty of first-degree murder, you need to have intent, or at least knowledge. You have to either intend to kill or do great bodily harm, or you have to know that your actions create a strong probability of killing or doing great bodily harm. For example, waiting outside someone’s house for them to come out and shooting them would qualify as first-degree murder. It would also be first-degree murder if you set someone’s house on fire and you know a person is asleep inside, because you know that there is a strong probability the fire will kill or seriously injure the house’s occupants – even if that was not really your goal.
One exception exists; you can be charged with murder without intending to kill anybody at all under the felony-murder rule. This Illinois law says that if you are committing a felony, such as a rape, burglary, or robbery, and anyone dies during the commission of the felony for any reason, you can be charged with first-degree murder. For example, if you rob a bank with a friend, and your friend shoots and kills an innocent person inside the bank, you can be charged with first-degree murder even though you didn’t personally kill anyone. This is fairly controversial, but it is the law within Illinois.
Second-degree murder is also an intentional killing of another person, but it is committed “in the heat of passion” without any premeditation. In other words, if you discovered your spouse was cheating on you and you were suddenly provoked into killing him or her, that would qualify as a second-degree murder. More generally, to reduce the charge from first to second degree murder, you need to show that there was adequate provocation and that you killed in the sudden heat of passion, without a cooling off period.
The difference between first and second degree murder is mainly premeditation. If you thought about killing before carrying out your plan, then it’s first-degree murder. Evidence would include things like telling a friend that you’re going to kill someone, writing down notes, buying a gun a few days before the murder, driving a distance to find the person before killing him, etc. Many things make it obvious that a person planned the murder ahead of time, even if only for a few minutes or a few seconds. On the other hand, second-degree murder is spontaneous and unplanned. Evidence would include information about the situation that would provoke a reasonable person into a rage: for example, a man coming home and discovering his wife in bed with someone else.
The penalties for different degrees of murder substantially differ. The penalty for first-degree murder in Illinois is a minimum of 20 years and a maximum of life in prison, or in some egregious cases, the death penalty. Second degree murder, on the other hand, results in 4 to 20 years in prison.
In either situation, courts will look at mitigating or aggravating factors to determine whether you should get the minimum or maximum punishment, or something in the middle. Mitigating factors are evidence of the defendant’s character or the circumstances of the crime which would cause a juror to vote for a lesser sentence; aggravating factors are evidence that would make a harsher sentence more appropriate. For example, jurors can consider the circumstances of the crime, violent criminal activity by the defendant, any prior felony convictions, whether the crime was committed while the defendant was under the influence of an extreme mental or emotional disorder, the defendant’s age, his level of participation in the crime (accomplice, minor or major role), etc. Jurors can also consider whether the defendant reasonably believed that he was morally justified in killing, whether he was under extreme duress, and whether he has the mental capacity to appreciate why his conduct was wrong.
If a life-long criminal with several prior felony convictions kills his wife, he is likely to get a sentence closer to the maximum, such as life in prison for first-degree murder. On the other hand, if someone agrees to drive the getaway car in a bank robbery, and one of his accomplices shoots and kills the bank teller, the defendant who drove the car is likely to get a lesser sentence, perhaps closer to the 20 year minimum.
Obviously if you or someone you know is charged with murder it is a serious offense. A conviction will most likely end your life as you know it. When someone asks us what to look for in an Illinois lawyer to defend a murder we tell them that you don’t want your attorney to be “cutting their teeth” on your case. Rather you want to hire a criminal defense attorney that has defended scores of murder cases and has a track record of success with these cases and other serious felonies. We can’t imagine any situation where a lawyer who has been defending cases for anything less than 15 years would be the right hire.
When hiring an attorney you want to go with the person who gives you the best chance of success. If you would like our help in finding an attorney to defend a murder charge or any other serious matter please do not hesitate to contact us. All calls are free and confidential.
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