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First Degree Murder & Second Degree Murder
posted on 2/25/25

Out of all the crimes that can be charged in the state of Illinois, murder is one of the most serious. If someone has been charged with murder, they run the very real risk of spending the rest of their life in prison.

Going over the difference between first-degree murder and second-degree murder while speaking with an experienced Chicago criminal defense attorney is one of the most effective ways to help you obtain the best possible legal outcome.

What Is First Degree Murder?

First-degree murder is when someone kills another person without any legal justification. And, while acting without legal justification, they must do so with the intent to kill or cause serious injury.

Just as an example, if a person sees someone on the street and shoots them without any reason to do so and with the intent of killing them, then this would be considered first-degree murder.

If someone is convicted of first-degree murder, they could spend anywhere from twenty to sixty years in prison. Alternatively, they could be given a life sentence that may force them to spend the rest of their life in prison.

Outside of those consequences, many first-degree murder cases come with other charges. These charges can add more time to a sentence, among many other potential consequences.

What Is Second Degree Murder?

Second-degree murder is when someone kills another person in a state of passion or does so while believing that their actions are justified.

A good example of the first point is as follows: someone catches their spouse in bed with another person, and in a fit of rage, they kill them both.

To illustrate the second point, consider the following scenario: someone shoots another person who they think is about to hurt them when, in fact, they were not, and there was no justification for this violent act.

If someone is convicted of second-degree murder, they can spend anywhere from four to fifteen years in prison.

On the other hand, someone can spend even more time in prison when convicted of second-degree murder if they are convicted of other crimes on top of second-degree murder.

How Can An Attorney Help You?

A person accused of murder can only be convicted of the crime if there is enough evidence to suggest that they committed an alleged murder beyond reasonable doubt.

To protect the rights of someone who has been accused, a good attorney will poke holes in the evidence. By doing so, they can show the jury that the evidence against someone does not, in fact, affirm their guilt.

Outside of poking holes in the evidence, a good attorney will question the procedures used to obtain the evidence that is, at that time, being used against the suspect.

A good attorney will employ other strategies, on top of what has been clarified above. The end result of these strategies is a “Not Guilty” verdict or another, equally desirable, legal outcome.

Get Qualified Legal Help Today

If you need representation for a reckless discharge charge, Glasgow & Olsson is uniquely qualified to help you.

Our team has helped thousands of people who have been charged with crimes in Illinois. When we take cases, we do so to win. This means we take cases to trial. We don’t arrange plea bargains unless it is in the best interest of our clients. As proactive lawyers, we fight aggressively and support our clients throughout their entire case up to and including appeals. Protecting your life and freedom is always the goal, and with our decades of experience practicing law, we know how to get results. This is why we are regularly invited to appear as a legal contributor on popular radio and news outlets, including ABC, CNN, NBC, CBS, and Fox NEWS.

When you need an attorney, experience matters. Speak with a Chicago criminal defense attorney today to learn how our experience can help you get the results you need.