Manslaughter Defense Lawyer in Southern Illinois
Homicide is one of the most serious crimes a person can commit. However, not all homicides are treated the same. You could face decades in prison upon a conviction for manslaughter.
The Southern Illinois manslaughter defense attorneys at Combs Waterkotte have more than 60 years of combined legal experience helping clients accused of murder and manslaughter. We can tailor a defense to your homicide charges to seek a positive outcome to your case.
Call our manslaughter defense team in Southern Illinois today at (314) 900-HELP or reach out online for a free, confidential consultation.
Degrees of Homicide in Southern Illinois
Homicide occurs when one person causes another person’s death. Not all homicides are criminal offenses. Soldiers, police officers, and people defending themselves have the legal justification to kill in certain circumstances.
When someone lacks the legal justification to kill, however, they may face criminal charges. The severity of these charges can vary depending on many factors.
Common law only had two homicide offenses. Murder occurred when someone killed with malice aforethought or during the commission of another felony. “Malice aforethought" usually meant premeditation or the intention to kill or seriously injure. Murder was—and still is—the most serious homicide charge. Manslaughter occurred when someone committed murder but acted in the heat of passion due to an adequate provocation.
The classic example is a homicide committed by a husband or wife when they arrive home to find their spouse in bed with another person. Under the common law, such a killing would likely constitute manslaughter rather than murder.
Manslaughter also included homicides that resulted from gross recklessness. This legal standard typically required proof that the accused consciously disregarded a known risk. Thus, someone might commit manslaughter if they killed another person while street racing.
Understanding Manslaughter Statutes in Illinois
Illinois uses a slightly different classification for homicides. Many states divide manslaughter into voluntary and involuntary manslaughter. Illinois does not. It classifies many acts that would constitute voluntary manslaughter in other states as second-degree murder.
Consequently, the only offenses in Illinois called “manslaughter” are involuntary manslaughter and voluntary manslaughter of an unborn child. A prosecutor may consider seeking charges under the following statutes after a homicide other than first-degree murder:
Second-Degree Murder in Southern Illinois
Second-degree murder happens when someone commits first-degree murder, but one of the following conditions applies:
- The accused acted in the heat of passion due to a serious provocation
- The accused unreasonably and mistakenly believed they were acting in self-defense
The term “serious provocation” is an objective standard. In other words, it isn’t enough that the accused thought they were being provoked. Instead, their criminal defense must include evidence that a reasonable person would have experienced a serious provocation in the same situation. The state specifically excludes the disclosure or discovery of the victim’s sexual orientation as grounds for a serious provocation.
A related charge is voluntary manslaughter of an unborn child. This charge requires proof of the same elements as second-degree murder; however, the victim is an unborn child.
Involuntary Manslaughter Southern Illinois
Someone commits involuntary manslaughter when they unintentionally kill by recklessly performing an act likely to cause great bodily injury or death. When the act involves the operation of a motor vehicle, the term “reckless homicide” is used in place of “involuntary manslaughter.”
Imagine someone who accidentally discharges a loaded gun while cleaning it. They thought the weapon was unloaded but failed to check. If someone else suffers a gunshot wound and dies, the person may face involuntary manslaughter charges.
On the other hand, a motorcyclist who kills a pedestrian while traveling 120 miles per hour on a city street may face reckless homicide charges under the same statute.
Illinois has a separate statute that creates an offense called involuntary manslaughter of an unborn child. This offense has the same elements as involuntary manslaughter, but the victim is an unborn child, regardless of its gestational age.
Notably, deaths that result from DUI generally aren’t classified as reckless homicide. Instead, they fall under a charge called aggravated DUI in Southern Illinois.
Drug-Induced Homicide in Southern Illinois
Charges for drug-induced homicide can be filed against anyone who unlawfully delivers a controlled substance to someone who dies as a result of using it. Put another way, a suspect can face drug-induced homicide for supplying drugs that cause an overdose death.
To qualify as a “delivery,” the transfer of the substance must violate the drug laws of Illinois or any other jurisdiction.
Possible Defense Strategies in Southern Illinois Manslaughter Cases
Our attorneys may be able to raise several robust defenses to manslaughter charges. Possible criminal defense strategies in your Southern Illinois case might include the following:
Alibi Defense
An alibi establishes that you couldn’t have committed the crime. For example, a cell phone video might prove that you were with your family in another town when the homicide occurred.
Self-Defense, Defense of Others, and Home Defense in Southern Illinois
Illinois law allows you to use deadly force in the following circumstances:
- Self-defense
- Defense of others
- Defense of your home
To use this defense, you must be able to demonstrate that you reasonably believed deadly force was necessary to protect yourself or someone else from the imminent use of force. You also have the right to use deadly force against someone unlawfully attempting to enter your home or who is already inside your home.
Battered Spouse Syndrome Defense in Southern Illinois
Battered spouse syndrome isn’t necessarily a defense. Rather, you can invoke it in combination with self-defense to establish a reasonable belief about the victim’s imminent use of force. That is, you can use the victim’s history of violence against you to explain why you thought you were in imminent danger.
Penalties for a Manslaughter Conviction in Southern Illinois
Like other violent crimes, manslaughter and related charges carry stiff penalties, including the following:
| Offense | Offense Level & Possible Punishment |
|---|---|
| Drug-induced homicide | Class X felony; 6 to 30 years in prison |
| Second-degree murder | Class 1 felony; 4 to 20 years in prison |
| Voluntary manslaughter of an unborn child | Class 1 felony |
Reckless homicide (any of the following):
|
Class 2 felony; 6 to 28 years in prison |
Reckless homicide (any of the following) or involuntary manslaughter where the victim was a household member:
|
Class 2 felony; 3 to 14 years in prison |
Reckless homicide / involuntary manslaughter (special victims/circumstances):
|
Class 2 felony; 3 to 7 years in prison |
| Involuntary manslaughter (general) / involuntary manslaughter of an unborn child / reckless homicide (general) / reckless homicide of an unborn child | Class 3 felony |
