Chicago First-Degree Murder Lawyers

What Does First-Degree Murder Mean in Illinois?

First-degree murder is when a killing is committed intentionally or knowingly or during a felony.

Examples of this could include:

• A Planned Killing: Bringing a Weapon to a Location, Lying in Wait for a Victim
• An Intentional Killing During a Confrontation: Stabbing Someone During an Argument
• A Killing During Another Crime: A Victim Dying During an Armed Robbery

First-degree murder is treated extremely seriously under Illinois law and you should retain legal representation immediately if you are under investigation for this crime.

Why are Chicago First-Degree Murder Charges So Serious?

Whereas second-degree murder applies if you acted with intent, but under “sudden and intense passion” from serious provocations, or an unreasonable belief in self-defense, and involuntary manslaughter is the “reckless, unintentional killing of a person,” first-degree murder is the most serious form of homicide.

First-degree murder applies when you intentionally kill someone or know your actions will likely cause death, without any legally recognized mitigating factors to reduce the charge. As a result, first-degree murder convictions expose you to the most severe penalties under Illinois law.

These penalties include:

• A Mandatory Minimum Sentence of 20-60 Years in Prison
• Enhancements for Aggravating Factors Such as Use of a Firearm, Killing a Child Under 12, Multiple Victims or Killing a Peace Officer (you can be sentenced for life)
• Full Sentence to be Served, Without the Possibility of Parole

Our specialized attorneys at Combs Waterkotte can defend you against these charges by challenging the evidence against you, navigating the Cook County court system and tailoring the strongest defense to your case.

How Prosecutors Build Chicago First-Degree Murder Cases

In order to convict you of first-degree murder in Chicago, prosecutors will have to prove that you committed the crime beyond a reasonable doubt. To do this, they will have to prove every element of the offense– including your intent or knowledge that your actions would cause death or great bodily harm.

Prosecutors build their case by:

• Collecting circumstantial evidence that links you to the crime such as phone records
• Constructing their case using murder weapons, DNA, fingerprints, autopsy results and eyewitness accounts
• Establishing a detailed timeline of events to show what led up to the incident, how it unfolded and what actions were taken afterwards

When the state is coming after you with these serious charges, you can count on our team at Combs Waterkotte to push back and uphold your rights, at each stage of your case.

The Importance of Intent in Chicago First-Degree Murder Cases

Intent proves that your actions were deliberate–that you meant to kill, cause great bodily harm or knew your actions created a strong probability of death.

Intent is what separates a first-degree murder charge from second-degree murder or manslaughter. You can be charged with first-degree murder, however, if a death occurred during the commission of a forcible felony and in these instances, intent to kill is not required.

Prosecutors prove intent through evidence such as:

• Showing Multiple Wounds
• Demonstrating Deadly Weapon Usage
• Providing Incriminating Statements

A key element we will attack is intent– showing the prosecution cannot prove you had the required knowledge or purpose to kill. We will scrutinize every aspect of your case and identify potential defenses such as mistaken identity, insufficient or unreliable evidence, unlawful police conduct or the prosecution’s failure to meet its proof beyond a reasonable doubt.

How Chicago Police Investigate First-Degree Murder Charges

First-degree murder investigations in Chicago are headed up by the Bureau of Detectives (BOD).

This task force focuses on:

• Securing and Processing the Scene of the Crime
• Collecting/Analyzing Evidence (including physical evidence and testimonial evidence)
• Relying Upon Modern Investigative Tools (surveillance footage, cell phone data, social media activity, etc.)
• Examining the Victim’s Close Circle (looking for motives and potential suspects)
• Developing a Timeline of Events to Establish How the Murder Occurred/Who is Responsible

Investigations depend upon the evidence that is available and assumptions early-on can shape the direction of a first-degree murder case. To protect your rights and reputation throughout the days ahead, it is critical that you retain a Chicago first-degree murder lawyer immediately.

Evidence Commonly Used in Chicago Murder Investigations

The police will analyze a wide array of evidence to build a first-degree murder case against you.

This evidence can include:

• DNA Evidence (blood, saliva, skin cells, semen)
• Fingerprints / Palm Prints
• Clothing
• Footwear/Tire Impressions
• Gunshot Residue
• Trace Evidence (fibers, hair, glass fragments)
• Toxicology Reports
• Autopsy/Medical Examiner Reports
• Shell Casings and Projectiles
• Weapons
• Surveillance Videos
• Cell Phone Data
• Location Data
• Computer Records
• Eyewitness Testimony
• Interrogation Videos
• Bank Statements or Letters

We can analyze whether testing was properly conducted, if there are any chain of custody issues or alternative explanations for blood patterns, injuries or DNA. We can also look for inconsistencies in witness testimonies and suppress any illegally obtained evidence.

Your Constitutional Rights in a Chicago First-Degree Murder Case

In a first-degree murder case, you are protected against coercive state actions and are guaranteed due process, legal counsel and an impartial jury.

Some of your key rights, that we will ensure remain upheld, include:

• Right to Counsel: Under the Sixth Amendment, you have the right to legal representation.
• Right to Remain Silent: Under the Fifth Amendment, you cannot be forced to testify against yourself or answer questions from police without a lawyer present.
• Protection Against Unreasonable Search/Seizure: Under the Fourth Amendment, any evidence that is obtained illegally (this could include without a valid warrant or probable cause) can be suppressed.
• Right to a Fair Trial: Under the Sixth Amendment, you have the right to a speedy and public trial and an impartial jury.
• Presumption of Innocence: You are innocent until proven guilty– the prosecution has the burden of proof to show your guilt “beyond a reasonable doubt.”
• Confrontation of Witnesses: You have the right to face and cross-examine any witnesses who testify against you.

Our experienced Chicago criminal defense attorneys will actively protect your rights at each stage of your case, from investigation to trial, and will challenge any violations that occur.