Brendan W. Caver DCFS, Juvenile and Criminal Defense Attorney
CRIMINAL DEFENSE LAWYER FOR MURDER IN ROCKFORD
Understanding Murder Charges
The taking of another's life is one of the most serious offenses that can be committed. Whether it was an accident or not the consequences for committing murder are severe and life-altering. In Illinois there are different categories of murder. Each category is punishable by a different term of imprisonment, depending on the circumstances, some are eligible for probation. If you or a loved one has been charged with any of the below offenses, it is imperative that you consult with an experienced Illinois criminal defense attorney near you. At the Law Office of Brendan W. Caver we believe that everyone has a right for their side of the story to be heard, don't hesitate to reach out to our office to
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Types of Murder Charges
First Degree Murder
In order to be convicted of first degree murder the State must prove beyond a reasonable doubt that the defendant killed someone without lawful justification and in doing so the defendant either:
- Intended to kill the individual, or
- Gravely injure the individual, or
- Knew his/her actions would cause the death of the individual, or
- Knew his/her actions created the strong probability of death, or
- Attempted or actually did commit a forcible felony during the incident
If you or a loved one has been charged with first degree murder here is the link to that statute for you to review. A defendant charged with first degree murder could be sentenced to 20 to 60 years in prison if the charge is not dismissed, amended, or won at trial. The death penalty was was taken off the table in Illinois in 2011.
Second Degree Murder
In a case of a second degree murder, the State must prove beyond a reasonable doubt that a defendant committed first degree murder, but that the act is mitigated by the fact that the defendant was either:
In a state of sudden and intense passion cause by the victim or the person the defendant actually meant to kill (in such a case, the defendant would have killed the wrong person)
OR
That the defendant had an unreasonable belief that he had to commit the killing
You can view the statute for second degree murder in Illinois here. This offense is punishable by 4 to 15 years in prison. However, the offense is also eligible for a up to a 4 year term of probation.
By no means is this an exhaustive explanation of this topic, and there are always certain issues that individuals are facing in each case that are specific to only that situation. For example, one person charge with first degree murder might also be facing allegations of drug possession, while another person is also charged with first degree murder and faces no additional charges. Whenever it comes to this type of serious criminal charge to is always best to reach out to a qualified criminal defense attorney in your area.
Involuntary Manslaughter and Reckless Homicide
Charges of involuntary manslaughter and/or reckless homicide are not the same as murder, but are still very serious offenses. The Illinois statute on these charges explains them fully, but the main thing to understand about this type of criminal charge is that they are typically classified as Class 3 felonies, and punishable by 2 to 5 years in prison or 30 months of probation.
The biggest thing in determining whether a person should be convicted of first or second degree murder or the lesser charges of involuntary manslaughter is proving intent. The State must prove beyond a reasonable doubt that the defendant unintentionally killed someone in manslaughter cases. Manslaughter offenses are called reckless homicide when the killing was caused by use of a motor vehicle, snowmobile, ATV, or watercraft, for example in some
DUI cases.
Potential Defenses In Involuntary Manslaughter Cases
There are a number of ways to defend this type of charge. When you speak with an experienced criminal defense attorney in your area they will be able to determine the best strategy to defend your case. Some common defenses in involuntary manslaughter cases include:
- The police have the wrong guy (mistaken identity),
- The killing was done in self defense, or defense of others,
- Was done through the exercise of one’s duties,
- It was an unfortunate accident,
- The defendant suffers from insanity (rarely is this defense allowed)
Any of these defenses can be used at trial where the criminal defense lawyer that you have hired will argue your case for you. There are alternative ways to resolve a manslaughter case outside of trial. Some cases may be resolved by a motion to suppress evidence, plea agreement, amendment of charges to a lesser offense, deferred prosecution (if available), or deferred judgment (if available). If you are currently facing charges for the taking of another person's life it is important to seek legal counsel from an experienced criminal defense lawyer near you.
Don't Let A Murder Charge Ruin Your Life, We Can Help
If you live in your near Rockford, IL and you or a loved one is faced with a charge of murder or manslaughter, it pays to at least discuss your case with an experienced criminal defense attorney. They will go over all the details of the case and determine the best course of action for you.
Contact attorney Brendan W. Caver for a free consultation at (815) 714-9508 or by email, to discuss your case today.
Brendan Will Answer Your Questions
Trust your reputation and livelihood to someone who tries cases and knows the law. Act now to get ahead of any accusations against you. For answers to your specific questions, please call or text 815-714-9508 for your free consultation, 24 hours per day, 7 days per week.
