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posted on 2/24/14

It used to be that murder that could be proven beyond a reasonable doubt had one sentence: death. Illinois abolished the death penalty in 2011, following a 10-year moratorium on executions placed by then-Governor George Ryan.

The death penalty still exists in a majority of states, however, and murder still fetches a long prison sentence in areas where the death penalty has been abolished. In Illinois, it is still possible to be imprisoned for the rest of the defendant’s natural life. The more likely scenario though, and the subject of this post, is what a first degree murder conviction will certainly bring: at least 20 years in prison.

Murder and the Mandatory Minimum

In Illinois, as in all jurisdictions, there are different classes of felonies that are punishable with different fine amounts or incarceration. The Illinois classes of felony go from Class 4, the least serious, up to Class X. However, the crime of “first degree murder” has its own separate class. The statute defines first degree murder as killing an individual, if during the acts:

  • he wishes to seriously injure or kill another person; or

  • he knows that his actions will most likely cause serious injuries or death to another; or

  • he is in the middle of committing a forcible felony (not second degree murder).

The sentence for first degree murder is 20 to 60 years imprisonment, and judges generally have great latitude in sentencing. Some of the sentence can be probationary, allowing the convict to spend time in a halfway house, under house arrest, or merely reporting to a probation officer. However, under Illinois law, the judge must sentence someone convicted of first degree murder to at least 20 years imprisonment. This is the statutory mandatory minimum sentence. In fact, if a gun is used in the murder, then the mandatory minimum jumps to 45 years as a result of penalty enhancements for gun crimes.

There is hope for those charged with first degree murder, though. Illinois has a number of factors that will convert a charge of first degree murder into a charge of second degree murder. These factors are “serious provocation” by the alleged victim, and an unreasonable belief on the part of the defendant that his actions were legally justifiable, as is the case with self defense.

Not only is second degree murder a Class 1 felony, but it is also not subject to the mandatory minimum statute that carries a sentence of 20 years in prison. Therefore, the judge has more leeway in distributing imprisonment and probation, as well as taking mitigating factors in consideration.

Contact a Criminal Defense Attorney

Sentencing for murder often comes down to the severity of the murder, as defined by the Illinois statute. An experienced and resourceful criminal defense attorney can fight to lower your charge, and thus reduce your sentence and speed up your reintroduction to society. If you have been arrested or charged with a crime, do not wait. Contact the Law Offices of Thomas Glasgow, Ltd. today.