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posted on 5/28/23

Felony murder is a serious crime in Illinois, which can result in severe penalties, including life imprisonment or even the death penalty. In Illinois, a person can be charged with felony murder if they commit a felony crime that leads to the death of another person, even if they did not intend to kill them.

The Felony Murder Rule in Illinois

Under Illinois law, a person can be charged with felony murder if they are involved in the commission of a felony crime and another person dies as a result of that crime. The law does not require the person to have intended to kill the victim, only that the death occurred during the commission of the felony crime. The felony must be one of the following:

  • Aggravated criminal sexual assault
  • Aggravated kidnapping
  • Aggravated arson
  • Aggravated vehicular hijacking
  • Aggravated robbery
  • First-degree murder
  • Second-degree murder
  • Criminal sexual assault
  • Robbery
  • Burglary
  • Kidnapping
  • Aggravated battery
  • Arson
  • Unlawful use of a weapon
  • Drug-induced homicide

The penalties for felony murder in Illinois can be severe. If convicted, a person can face life imprisonment or the death penalty.

Defenses to Felony Murder

There are several defenses available to those charged with felony murder in Illinois. The most common defenses include:

  • Insufficient Causation: In some cases, it may be difficult to prove that the felony committed by the defendant was the direct cause of the victim’s death. If there is insufficient evidence to prove causation, the defendant may be able to avoid a felony murder charge.
  • Self-Defense: If the defendant was acting in self-defense and the victim’s death was a result of the defendant’s actions, they may be able to argue that they should not be charged with felony murder.
  • Unreliable Evidence: In some cases, the evidence used to support the felony murder charge may be unreliable. If the defense can demonstrate that the evidence is inaccurate or unreliable, the defendant may be able to avoid a felony murder charge.

How Glasgow & Olsson Can Help

If you are facing a pending felony murder charge in Illinois, it is essential to seek legal representation from a skilled criminal defense attorney. Our attorneys will start by reviewing the evidence against you to determine if the prosecution has a strong case. If there are weaknesses in the case, we will work to exploit those weaknesses and develop a defense strategy that puts you in the best possible position to succeed. We will also explore all available defenses, insufficient causation, self-defense, and unreliable evidence, to build a strong case on your behalf.

At Glasgow & Olsson, we understand that every case is unique, and we will provide personalized attention to your case. We will keep you informed throughout the legal process and work closely with you to understand your concerns, answer your questions, and address your needs. Contact us now for a confidential and comprehensive consultation.

At Glasgow & Olsson, we have the experience and knowledge necessary to help you fight the charges against you. When you need an attorney, experience matters. Our attorneys will work tirelessly to investigate the case, gather evidence, and develop a strong defense strategy to protect your rights.