Bolingbrook, IL Murder / Homicide Lawyer. A homicide case in Illinois may be far along before police make an arrest. Investigators may have spoken with witnesses, examined phones, gathered camera footage, reviewed firearms evidence, and formed their account of the case already. A request to hear “your side” may really be an attempt to collect statements that support the conclusion investigators have reached.
Trying to explain your way out of a murder investigation can make the situation worse. Speak with a defense lawyer before you answer questions. Combs Waterkotte defends people facing murder and homicide allegations in Bolingbrook, IL and across Illinois. Our criminal defense attorneys in Bolingbrook, IL act quickly to protect clients before charges are filed and throughout every stage that follows. Call (314) 900-HELP for a free, confidential case review.
Cases Handled
Over 10,000
Jail Days Saved
Over 1 Million
Google Reviews
500+ Perfect
Legal Experience
Over 80 Years
Topics covered below:
- Murder and homicide charges that may be filed under Illinois law
- The facts the State must prove to obtain a murder conviction in Illinois
- Possible prison terms and additional time for firearm allegations
- Defenses to murder and homicide charges
- Steps to take when police suspect you were involved in a death
- The court process after an arrest for murder in Bolingbrook, IL
- How Combs Waterkotte investigates and prepares a homicide defense
Legal Videos
Everything You Need to Know About Felony Charges in Illinois
Everything You Need to Know About Felony Charges in the State of Illinois. Attorneys Steve Waterkotte and Joshua Boardman from Combs Waterkotte discuss everything you need to know about Illinois …
Can I Seal or Expunge My Criminal Record in Illinois?
Can I Seal or Expunge My Criminal Record in Illinois? Dealing with a criminal record in the state of Illinois? Combs Waterkotte attorney Joshua Boardman discusses the possibility of expunging your …
Can the Police Legally Search Me or My Property in Illinois?
Can the Police Legally Search Me or My Property in Illinois? Facing criminal charges in the state of Illinois? Combs Waterkotte attorney Joshua Boardman discusses probable cause and when police can …
Do I Need a Lawyer if I’m Innocent in Illinois?
Do I Need a Lawyer if I'm Innocent in Illinois? Facing criminal charges in the state of Illinois? Combs Waterkotte attorney Andrew Russek talks about it being more important to have a lawyer if …
What Penalties Could I Face Under Illinois Law?
What Penalties Could I Face Under Illinois Law? Facing criminal charges in the state of Illinois? Combs Waterkotte attorney Joshua Boardman talks about the possible penalties under Illinois …
What Are My Rights if I’m Arrested in Illinois?
What Are My Rights if I'm Arrested in Illinois? Facing criminal charges in the state of Illinois? Combs Waterkotte attorney Joshua Boardman discusses your rights following an arrest in …
Everything You Need to Know About Felony Charges in Illinois
Everything You Need to Know About Felony Charges in the State of Illinois. Attorneys Steve Waterkotte and Joshua Boardman from Combs Waterkotte discuss everything you need to know about Illinois …
Can I Seal or Expunge My Criminal Record in Illinois?
Can I Seal or Expunge My Criminal Record in Illinois? Dealing with a criminal record in the state of Illinois? Combs Waterkotte attorney Joshua Boardman discusses the possibility of expunging your …
Can the Police Legally Search Me or My Property in Illinois?
Can the Police Legally Search Me or My Property in Illinois? Facing criminal charges in the state of Illinois? Combs Waterkotte attorney Joshua Boardman discusses probable cause and when police can …
Do I Need a Lawyer if I’m Innocent in Illinois?
Do I Need a Lawyer if I'm Innocent in Illinois? Facing criminal charges in the state of Illinois? Combs Waterkotte attorney Andrew Russek talks about it being more important to have a lawyer if …
What Penalties Could I Face Under Illinois Law?
What Penalties Could I Face Under Illinois Law? Facing criminal charges in the state of Illinois? Combs Waterkotte attorney Joshua Boardman talks about the possible penalties under Illinois …
What Are My Rights if I’m Arrested in Illinois?
What Are My Rights if I'm Arrested in Illinois? Facing criminal charges in the state of Illinois? Combs Waterkotte attorney Joshua Boardman discusses your rights following an arrest in …
Under Investigation for Murder in Bolingbrook, IL?
A murder investigation can put you at risk long before police arrest you or officially call you a suspect. Detectives may contact you as a witness, ask you to come to the station voluntarily, request access to your phone, or tell you they only need to clear up a few details. Those words do not reveal whether police view you as a witness, a possible suspect, or their main target.
When officers are asking about a death and may suspect your involvement, talk to an attorney before you answer them. Do not count on clearing things up by correcting another person’s account or trying to show police that you have nothing to hide. An answer that feels minor can become central once police compare it with footage, device records, witness statements, or forensic findings.
Bringing in counsel early allows the defense to protect evidence while the investigation is still active. The early work may include finding camera footage, interviewing witnesses, saving communications, photographing injuries, examining warrants, and learning what police took. In a serious homicide case, some of the most useful defense work can happen before the first court date.
If you have already been arrested, the same rule applies: do not discuss the facts of the case with police, other inmates, friends over recorded jail calls, or anyone other than your attorney. Prosecutors and investigators are already working on the case against you. Your lawyer should be building the other side of the record just as quickly.
Types of Murder and Homicide Cases in Bolingbrook, IL
“Homicide” broadly refers to one person causing the death of another. Which offense is filed depends on the alleged intent, how the death occurred, whether another felony was taking place, and whether the case involves self-defense, provocation, reckless conduct, drugs, or a vehicle.
We represent people in Bolingbrook, IL who are accused of:
- Murder in the first degree: Allegedly intending to kill or seriously injure someone, knowingly creating a strong chance of death or serious injury, or causing a death during specified felonies classified as forcible offenses.
- Illinois felony murder: A death that occurs during certain serious felonies, including cases where another participant caused it.
- Murder in the second degree: A killing that would otherwise qualify as first-degree murder, but happened after serious provocation or because the person honestly believed deadly force was necessary, even though that belief was unreasonable.
- Attempted murder in the first degree: Trying to kill someone and taking a real step toward doing so, even though the person survives.
- Being accused of assisting someone else: A person can face an Illinois murder charge without firing the weapon or personally causing the death. The State may argue that the accused planned the offense, encouraged it, or helped another person commit it.
- Illinois involuntary manslaughter and a reckless homicide charge: Unintentional deaths that prosecutors say resulted from reckless conduct. Reckless homicide often involves a car or another type of vehicle.
- Drug-induced homicide: A case in which the State connects an illegal drug delivery to another person’s fatal overdose.
- Other related charges: Murder-for-hire charges, soliciting a killing, conspiring with others, concealing a death, weapons charges, and interfering with the investigation.
Prosecutors must still establish every required part of the charge through legally admissible proof. In some cases, the real fight is over identity. In others, it is intent, causation, justification, accountability, or whether a separate felony can support a felony-murder theory.
What the State Must Prove for First-Degree Murder in Bolingbrook, IL
Illinois defines first-degree murder in 720 ILCS 5/9-1 in three main ways. Prosecutors can pursue the charge by claiming the person:
- meant to kill or seriously injure someone, or knew the conduct would result in death;
- understood that the conduct created a strong chance of death or serious injury; or
- was committing or attempting a forcible felony when the accused or another participant caused someone’s death.
Intent and knowledge are often argued from circumstances: the words used, the weapon involved, the number and location of injuries, earlier communications, conduct before the incident, and what happened afterward. Those facts can support more than one interpretation. The defense must show where the evidence ends and the State’s assumptions begin.
Second-Degree Murder in Bolingbrook, IL
A second-degree murder charge in Illinois works differently from a basic lower-level form of first-degree murder. Prosecutors still have to prove that the person committed intentional or knowing first-degree murder. The difference is that the defense may be able to show that one of two circumstances was present:
- Serious provocation caused the person to act under a sudden and intense passion; or
- The person honestly believed deadly force was necessary to defend themselves or someone else, but that belief was not considered reasonable under the law.
Illinois explains these requirements in the Illinois second-degree murder statute, 720 ILCS 5/9-2. Prosecutors still have to prove the underlying murder charge beyond a reasonable doubt. If self-defense is part of the case, they may also have to prove that the killing was not legally justified.
Small details can make a major difference in these cases. Lawyers may need to examine threats, injuries, the display of a weapon, witness accounts, 911 recordings, and each movement before the fatal act. Depending on the evidence, the case may involve lawful self-defense, second-degree murder, a different homicide offense, or no criminal conduct.
Illinois Murder and Homicide Penalties
A person convicted of first-degree murder generally faces a prison term of 20 to 60 years under the Illinois first-degree murder sentencing statute. If an extended sentence applies, the range can increase to 60 to 100 years, while some circumstances allow or require a natural-life sentence. A judge cannot sentence a person convicted of first-degree murder to probation or conditional discharge. The Illinois General Assembly’s first-degree murder sentencing provision lists these sentencing ranges and restrictions.
Illinois firearm enhancements can increase a murder sentence by decades. The sentence may increase by 15 years if the person was armed, 20 years if the person personally discharged the gun, and 25 years to natural life if that gunfire caused great bodily harm, permanent disability, permanent disfigurement, or death. The same case may bring separate gun charges under Illinois law, in addition to the homicide count.
- Illinois attempted first-degree murder: The normal sentencing range is 6 to 30 years because attempted first-degree murder is usually treated as a Class X felony. The possible sentence can rise sharply when special circumstances or firearm enhancements apply.
- An Illinois second-degree murder conviction: The offense is classified as a Class 1 felony and carries 4 to 20 years in prison under Illinois law for Class 1 felony sentences.
- Involuntary manslaughter and reckless homicide: Under the Illinois statute covering involuntary manslaughter and reckless homicide, the usual charge is a Class 3 felony with a prison range of 2 to 5 years. Some cases are elevated to Class 2 felonies, increasing the standard prison range to 3 to 7 years. This can happen in some cases involving multiple deaths, peace officers, emergency responders, construction zones, school crossing guards, or family or household members.
- Sentencing for drug-induced homicide: The Illinois drug-induced homicide statute can apply when an illegal drug delivery is alleged to have caused another person’s death. Drug-induced homicide is charged as a Class X felony; in some cases, the prison range is 15 to 30 years or 30 to 60 years for an extended term.
Possible Defenses to Murder and Homicide in Bolingbrook, IL
There is no stock defense for a homicide case. The defense has to fit the specific charge, the State’s evidence, and the facts counsel can verify outside the police reports. Some defenses and factual disputes are more common than others.
The Use of Force Was Legally Justified
Under Illinois self-defense law, a person is allowed to defend themselves or someone else when they reasonably believe unlawful force is about to be used. A person may use deadly force only if they reasonably believe it is necessary to prevent death, severe bodily injury, or the commission of specified serious felonies.
A self-defense case is built from facts, not the label alone. Injuries, threats, weapons, relative positions, prior conduct known to the accused, witness accounts, and the few seconds surrounding the use of force can all affect whether the belief was reasonable.
The Wrong Person Was Accused
Witnesses and investigators can identify the wrong person. A witness may have identified general features or clothing rather than the person who actually caused the death. Digital evidence may place a device near an area without identifying its user. Another person may have motive, access, or possession of the weapon. A defense investigation can test the State’s identification against alibi evidence, video, timestamps, records, and witnesses the police overlooked.
Prosecutors Cannot Establish the Required Intent
A fatal result alone is not enough to establish the intent required for first-degree murder. Except in a felony-murder case, prosecutors must prove that the accused had the intent or knowledge required by the theory they charged. The evidence may be more consistent with a lack-of-intent defense including an accidental act, recklessness rather than intent, or another explanation for the fatal injury. Medical records, pathology, and physical evidence can also conflict with the prosecution’s claim of intent.
The Accused Person’s Conduct Did Not Cause the Death
Prosecutors have to prove that the accused person’s actions caused the death. That can become disputed when there were several injuries, several participants, delayed medical treatment, intoxication, an intervening event, or a preexisting condition. An independent review of the medical evidence and pathology can lead to a different account of how and when the death occurred.
Evidence Was Collected Through an Illegal Search or Interrogation
The defense may challenge warrants, device searches, searches of homes or cars, police questioning, identification procedures, and arrests that violated constitutional protections. Device searches require close scrutiny because a single phone may contain communications, images, browsing activity, location data, and a long record of someone’s private life. Illinois law places limits on when police can search your phone as well as the scope of information officers may review.
The State Is Overreaching With Felony Murder or Accountability
Prosecutors sometimes argue that a person’s association with others makes them responsible for everything the group allegedly did. Counsel can dispute whether the person had the necessary intent, helped commit the crime, left or withdrew, or simply happened to be there. In felony murder cases, the defense may challenge the underlying felony, whether the death occurred during or in furtherance of it, and who actually caused the death.
Steps to Take If Police Connect You to a Bolingbrook, IL Murder
Do not give an interview without a lawyer. Innocent people can make inaccurate statements when they are frightened, exhausted, or trying to guess what detectives already know. A small mistake or change in wording can become a major part of the State’s argument. Clearly invoke your right to silence and request counsel before any questioning continues.
Do not voluntarily agree to let police search. Do not physically resist officers or interfere with a warrant. Say that you do not consent, remain calm, and allow your lawyer to challenge the search later if appropriate.
Preserve your messages, accounts, and records. Deleting messages, accounts, photographs, location history, or posts can destroy evidence that helps the defense and can create a new allegation. Leave the information as it is. Do not ask witnesses to match accounts, and treat every jail call as recorded.
Tell your lawyer the whole sequence. Your lawyer may need names, earlier threats, photographs of injuries, information about missing items, camera locations, receipts, rideshare records, and witnesses who saw you around the time of the death. Give that information privately to counsel rather than posting it or sending it around by text.
The Court Process Following a Bolingbrook, IL Murder Arrest
After a first- or second-degree murder arrest, prosecutors can ask the court to keep the accused person detained while the case is pending. The accusation is severe, but detention still requires a court ruling under Illinois law. The court must review a State petition, apply Illinois’s detention standards, and decide whether any release conditions could address the risk prosecutors identify. Illinois sets out that procedure in Illinois law under 725 ILCS 5/110-6.1.
The case may then proceed through a preliminary hearing or grand jury indictment, arraignment, discovery, motion practice, negotiations, and trial. A homicide prosecution may produce thousands of report pages along with hours of video, complete phone downloads, laboratory records, and expert analysis. Even with a large discovery file, counsel should act early on disappearing evidence, potentially unlawful statements, hard-to-find witnesses, and expert analysis that becomes more difficult as time passes.
What happens during the first few days after an arrest may shape the defense for months or years. The defense may be affected by who you speak with, what you disclose, whether you authorize searches, and what records or physical evidence remain available. Our guide to the first steps after a felony charge in Bolingbrook, IL offers a more detailed breakdown of the early stages.
Preparing a Bolingbrook, IL Homicide Case for Trial
Combs Waterkotte has taken on over 10,000 criminal cases and has earned over 500 five-star Google reviews. Our team includes former prosecutors, attorneys with law-enforcement insight, an in-house investigator, and access to outside experts when the evidence calls for them. That matters in a homicide prosecution, where the State may have detectives, laboratories, analysts, and expert witnesses involved from day one.
Our work may include:
- protecting the client during contact with police and arranging a controlled surrender when necessary;
- organizing reports, recordings, digital files, and physical evidence so the defense can evaluate the entire case;
- creating a separate timeline based on footage, messages, documents, and interviews conducted for the defense;
- testing warrants, police interviews, lineups, and evidence handling against the legal rules officers had to follow;
- having qualified professionals independently examine the State’s scientific, medical, digital, and weapons-related claims;
- challenging evidence and legal theories through focused pretrial motions;
- measuring any offer against the evidence while continuing to prepare other routes; and
- building the defense with a possible jury trial in mind from the start.
Preparing seriously for trial can change how prosecutors, witnesses, and experts approach the case. Weak witnesses have to be found. Experts must be able to defend their methods and opinions under questioning. Each part of the State’s timeline has to fit the available records. The State can tell the difference between a defense that is ready for trial and one that is hoping for a deal.
Other criminal cases we handle in Bolingbrook, IL include:
Contact a Murder / Homicide Lawyer in Bolingbrook, IL
Police may question you without explaining that you are a target of the investigation. They may approach you as a witness, ask to see your phone, or suggest that a quick conversation will clear everything up. Get legal advice before making a statement, handing over a device, or consenting to any search.
Call Combs Waterkotte at (314) 900-HELP. Another option is to request a consultation online for a confidential case review. Our homicide defense team serves Bolingbrook, IL clients around the clock.
