Tag Archives: homicide

Illinois manslaughter defense lawyerWhen a victim dies because of another person’s actions, the law considers this to be a homicide. It does not matter whether the individual who caused the death intended for a death to occur – he or she can be charged with homicide, as long as his or her actions were not justified. Whether a person is charged with manslaughter or murder depends on the circumstances surrounding the death, including whether the death was the result of an intentional act.

Manslaughter and murder are both serious charges that carry steep penalties for convicted individuals. There are different penalties for these different convictions, and in certain cases, it could be possible to strike a plea bargain, lowering a murder charge to a manslaughter charge and drastically reducing the potential penalties.

What Constitutes Murder?

Murder is defined as the act of intentionally killing another human being without lawful justification (such as self-defense). To find a defendant guilty of first degree murder in Illinois, the court must prove that at least one of the following was true when the victim’s death occurred:

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juvenile offenses, Naperville juvenile defense lawyer, alleged sexual assault, homicideAs a parent, your instinct is to protect your child at all times. When he or she is arrested or being held in custody, it can be natural for you to want to be with him or her and even feel it is your right to be present during any interactions your child has with law enforcement. The truth is this: although officers are required to make a reasonable attempt to locate a parent or legal guardian of a child in custody after the child is arrested, the parent or legal guardian does not have to be present when the child is being questioned. In fact, the child’s parent or guardian does not even have to provide consent for the child to be questioned, nor does a juvenile defense lawyer have to be present during a child’s questioning.

Custody, Questioning, and Release of Juveniles

The only circumstance under which a lawyer must be present during a juvenile’s questioning is when the juvenile is 13 or younger and he or she is in custody for an alleged sexual assault or homicide.

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Manslaughter Charges in IllinoisHomicide is the intentional killing of another person, though it is certainly possible to be charged with homicide even if the defendant did not intend to kill anyone (such as during a burglary or kidnapping). However, manslaughter is the unintentional killing of another person, aside from in self-defense. Manslaughter can be charged as voluntary or involuntary in Illinois, and both can have tremendous penalties. Motor vehicle collision deaths have been going up over the past two years, and drivers who take reckless actions are one of the driving causes of the upward trend in fatalities. As such, reckless driving, and other forms of manslaughter both voluntary and involuntary are charged as very serious crimes by the state.

Involuntary Manslaughter in Illinois

Illinois statute 720 ILCS 5/9-3 defines involuntary manslaughter as follows: “A person who unintentionally kills an individual without lawful justification commits involuntary manslaughter if his acts, whether lawful or unlawful, which cause the death . . . are likely to cause death or great bodily harm to some individual, and he performs them recklessly.” Involuntary manslaughter is a Class 3 felony in Illinois, and carries a punishment of two to five years in prison, according to Illinois statute 730 ILCS 5/5-4.5-40. However, a judge can award an extended term punishment of up to 10 years for a variety of reasons, including if the:

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 b2ap3_thumbnail_Crimes-against-Police-Officers.jpgLaw enforcement officers are essential to preserving law and order in the state, so Illinois has many laws designed to keep its police officers safe. Some of these laws make a victim’s status as a police officer an aggravating factor. This means that a person charged with, for example, battery will face a harsher sentence if the victim of the crime was a police officer performing his or her official duties.

Battery

Under Illinois law, a person commits a battery when he or she either:

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Illinois defense attorney, Illinois criminal lawyer, violent crimeHomicide, murder, and manslaughter are familiar terms, and people often use them somewhat interchangeably to describe killing. But under Illinois law, they actually have different meanings, which can sometimes be confusing.

In Illinois, the term “homicide” means the killing of another person. Murder and manslaughter are types of homicide. Depending on the circumstances, homicide may or may not be a crime. Homicides are considered justifiable if there was a reason to kill the other person, such as self-defense or defending another person. If the homicide was justifiable, it is not a crime. Murder and manslaughter, however, are both criminal offenses in Illinois.

Murder

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