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Murder is arguably the most serious criminal offense in the state, and although Illinois is no longer a death penalty jurisdiction, a conviction can quite literally mean the end of life as the defendant once knew it. Oftentimes, certain extenuating circumstances or a lack of legally-required intent may lead to the charges being reduced, modified, or thrown out of court entirely. In other situations, law enforcement may have accidentally, or intentionally, violated certain Constitutional protections and procedures. In every case, the prosecutor must prove guilt beyond any and all reasonable doubt.
At Glasgow & Olsson, we have a well-deserved reputation for advocacy skills, thorough preparation, and zealous advocacy. Our attorneys regularly practice in local criminal courts and are very familiar with all local procedural and substantive rules, many of which are unwritten. If you are facing a serious criminal charge, it is critical to partner with the best attorney possible.
A person can be convicted of first degree murder if the evidence shows, beyond a reasonable doubt, that the defendant had the intent to kill the victim or inflict serious bodily injury; knew there was a substantial likelihood that the victim would be killed; or killed a person during the commission of a felony. The minimum sentence is 20 years; certain aggravating factors can lead to a life term.
A reduction to second degree murder is possible if the defendants prove that a sudden passion ignited by the victim’s provocation lead to the crime, or they had a mistaken belief that their violence was legally justified. “Justification” in this context normally means acting in self-defense or stopping a felony. This offense is punishable by four to 20 years in prison; perhaps more importantly, probation may be available.
Involuntary manslaughter is an unjustified and unintentional killing, while reckless homicide is known as vehicular manslaughter in some other jurisdictions.
Law enforcement must follow strict rules regarding the suspect’s arrest, the search of person or premises, and the seizure of evidence. Any deviation may be grounds for a motion to suppress the unlawful arrest or illegally-obtained evidence. This motion can cripple the state’s case and force prosecutors to negotiate an even more favorable plea bargain arrangement.
Most murder prosecutions are built almost entirely on circumstantial evidence. By chipping away at the state’s evidence, an attorney can create a reasonable doubt in the mind of one or more jurors, which is all that is needed to legally obtain an acquittal at trial.
For a consultation with a nationally recognized top criminal defense attorney who can beat murder charges in court, contact Glasgow & Olsson at 847.577.8700.