Felony murder is a serious criminal charge that can result in severe legal consequences. In the state of Illinois, felony murder is defined as a homicide that occurs during the commission of another felony offense. If you or someone you know has been charged with felony murder, it is critical to understand the legal implications of this charge and seek out the help of an experienced criminal defense attorney at Glasgow & Olsson.
What Exactly is Felony Murder?
Under Illinois law, a person can be charged with felony murder if they commit or attempt to commit a forcible felony and, in the course of that felony, they or another person causes the death of someone else. A forcible felony is any crime that involves the use of force or the threat of force against another person, such as robbery, burglary, or kidnapping. This offense carries a minimum sentence of 20 years and can result in life imprisonment.
Felony murder charges can be incredibly complex and challenging to defend against. The prosecution only needs to prove that death occurred during the commission of a felony offense, and that the defendant had the intent to commit that felony. The prosecution does not need to prove that the defendant intended to cause the death of the victim. This is the primary difference between felony murder and a first-degree murder charge. In a first-degree murder charge, the prosecution has to prove the person had the mental intent to kill the victim and carried out the physical act of murder.
Defenses in Felony Murder Cases
However, there are several defenses that a skilled criminal defense attorney can use to challenge a felony murder charge. One of the most common defenses is to argue that the defendant did not have the intent to commit the underlying felony. For example, if a person is charged with felony murder for robbing a store and accidentally shoots someone during the robbery, their defense attorney could argue that they did not intend to commit murder and that the death was an unforeseeable consequence of their actions.
Another defense that may be used in felony murder cases is the defense of necessity. This defense argues that the defendant had no other choice but to commit the felony in question in order to prevent greater harm from occurring. For example, if a person was being held hostage and used force to escape, they may be able to argue that they had no other choice but to commit the felony and that the death that occurred was an unintended consequence.
A third defense that may be used in felony murder cases is the defense of insanity. This defense argues that the defendant was not mentally competent at the time of the offense and, therefore, cannot be held responsible for their actions. This defense can be challenging to prove, but it can be effective in cases where the defendant was suffering from a severe mental illness at the time of the offense.
Our Attorneys Can Help
If you or someone you know has been charged with felony murder, it is essential to seek out the help of an experienced criminal defense attorney who can help you understand your legal options and build a strong defense strategy. When you need an attorney, experience matters. At Glasgow & Olsson, our attorneys have years of experience representing clients in federal criminal defense cases, including felony murder charges. We understand the complexities of these cases and can provide you with the knowledgeable and compassionate legal representation you need during this challenging time. Contact us today at 847-577-8700 to learn more about how we can help you.