Types of Murder Charges in Chicago, Illinois
Murder in Illinois can be a first-degree charge or a second-degree charge, depending on the circumstances involved in your case.
The difference between these charges is:
First-Degree Murder (“I Meant to Kill Them”): This is when the offender intends to kill or cause great bodily harm, knows their act will cause death or is committing a felony murder (death during the commission of another felony). This would include a planned killing, a killing during an armed robbery, etc.
Second-Degree Murder (“I Meant to Kill Them, But There was Provocation or an Unreasonable Belief it Was Justified First”): This is the same as first-degree murder, but with a mitigating factor. It is when a person commits an act that would otherwise be first degree murder, but the killing was done under “sudden and intense passion” due to provocation or an unreasonable belief that the killing was justified. This would include if someone believed someone else was reaching for their gun and they shot first or if someone walked in on their spouse with someone else and shot that person in a fit of rage, etc.
Other types of murder charges in Illinois can include involuntary manslaughter, reckless homicide and intentional homicide of an unborn child.
When you are facing one of the most serious charges in Chicago, you need to get legal defense you can depend upon. To take advantage of our more than 80 years of combined legal experience, and to be advised by a legal team that includes a former cop and prosecutors, call our office now at (314) 900-HELP.
Penalties for Murder in Chicago
If you are being investigated for murder in Chicago, you should understand that you are facing the most serious penalties, under Illinois law.
Penalties for murder in Illinois include:
- For First-Degree Murder: You can face 20-60 years in prison and even life without parole for this top-tier offense, sometimes noted as a Class M felony
- For Second-Degree Murder: You can face 4-15 years in prison for this Class 1 felony charge
There are other factors such as whether a firearm was involved, which can increase the length of your sentence, whether multiple murders were committed and whether the victim was a part of a protected class, such as a police officer or fireman.
How Murders are Investigated in Chicago
If you are being investigated for murder in Chicago, it is imperative that you quickly retain legal defense, so that your rights can be protected at the very outset of your case.
A murder investigation in Chicago typically follows this sequence of events:
- Securing the Scene of the Crime: Police secure the area and take photos of the scene, as well as gather up and preserve any physical evidence.
- Conducting Witness Interviews: Police may interview witnesses, neighbors, bystanders, family members or anyone who they believe may have relevant information on the murder.
- Reviewing Surveillance and Digital Evidence: Investigators review security camera footage, doorbell cameras, cell phone records, GPS data, social media activity and text messages and call logs.
- Analyzing Forensics: Testing can include DNA analysis, fingerprints, firearm/ballistics testing, blood pattern analysis, toxicology reports and autopsy findings.
- Identifying a Suspect and Interrogation: Once you are identified as a suspect, the police may conduct interviews, surveillance or seek an arrest warrant.
- Beginning Prosecutorial Review: Prosecutors evaluate whether the evidence supports a first-degree murder, second-degree murder or a lesser charge.
The Role of Intent in Chicago Murder Charges
A burden of proof upon the prosecution is establishing intent.
In order for you to be convicted of murder, the prosecution will have to show that you either:
- Acted with the conscious objective to kill/cause great bodily harm
- Knew your conduct created a strong probability of death
The state will use circumstantial evidence, statements and inferences about you to build their case.
Our Chicago murder defense lawyer can poke holes in their case by:
- Challenging the circumstances of the incident
- Disputing statements and alleged admissions
- Undermining forensic and physical evidence
- Presenting alternative explanations
- Highlighting lack of premeditation/knowledge
Common Constitutional Violations in Chicago Murder Cases
If your rights have been violated in any way, we may be able to file a motion to suppress illegally obtained evidence. This can weaken the prosecution’s ability to prove your murder charges.
Common constitutional violations in a Chicago murder case includes:
- Fourth Amendment Violations (this can involve illegal searches and seizures or warrantless searches, invalid warrants or searches that exceed the scope of a warrant)
- Fifth Amendment Violations (this can involve coerced confessions, prolonged interrogations or statements obtained without proper Miranda warnings being given)
- Sixth Amendment Violations (this can involve the right to counsel, questioning you after you requested an attorney or interference with your right to fair trial)
- Improper Identification Procedures (this can involve suggestive lineups or photo arrays which resulted in mistaken identification)
- Due Process Violations (police misconduct, withheld evidence or investigative practices that undermine the fairness of the case)
At Combs Waterkotte, we are committed to upholding your rights and aggressively challenging any evidence obtained in violation of those rights.
Common Defenses to Murder Charges in Chicago
We evaluate the specific facts of your case and identify the most effective defense strategies for you.
Common defenses to Chicago murder charges include:
- Self-Defense
- Defense of Others
- Defense of Property
- Insanity
- Accidental Killing
- Alibi/Mistaken Identity
- Insufficient Evidence
- Coercion
Additionally, many of these defenses help dismantle intent, identity and the reliability of the evidence, key elements of the prosecution’s case. A strong defense may lead to reduced charges, dismissal or a not guilty verdict at trial. To determine the best defenses for your case, we encourage you to speak with our Chicago murder lawyers at Combs Waterkotte today.
Negotiating or Reducing Chicago Murder Charges
We may be able to negotiate your charges depending on the strength of the evidence against you, the circumstances of the incident and the potential weaknesses in the prosecution’s case.
Our strategies may include:
- Plea Bargaining: Negotiating with prosecutors to resolve the case for a lesser charge and reduced sentencing exposure
- Second-Degree Murder Reduction: Arguing that factors, such as provocation or an unreasonable belief in self-defense, apply and reduce from a first-degree murder charge
- Involuntary Manslaughter Reduction: Demonstrating that the incident lacked intent and involved reckless rather than intentional conduct
- Dismissal of Charges: In some circumstances, when evidence is insufficient or key evidence is suppressed due to constitutional violations, we may be able to obtain a dismissal of charges.
- Sentencing Mitigation: We can present factors such as background, mental health or circumstances of the incident to seek reduced penalties.
By challenging the prosecution’s evidence and pointing out legal issues early, we will be able to pursue a more favorable outcome on your behalf.
