Table of Contents

1. What is First Degree Murder 720 ILCS 5/9-1?

2. What does “without lawful justification” mean?

3. What does “forcible felony” mean?

4. Can I be charged with First Degree Murder, if someone else killed the victim?

5. Do I need a lawyer if I am charged with first degree murder?

6. Is first degree murder a Misdemeanor or Felony?

7. What level of felony is first degree murder?

8. Can I go to prison? What Is the Sentencing Range for first degree murder?

9. What is the sentence for First Degree Murder if a Firearm was used? Are there gun enhancements?

10. When does First Degree Murder have a mandatory sentence of life in prison?

11. Can I get probation? Is first degree murder Non-probationable? Is Prison Mandatory?

12. Can I get supervision?

13. What is the Extended Sentencing Range 730 ILCS 5/5-4.5-20(a)?

14. What percentage of your prison sentence do you serve for first degree murder 730 ILCS 5/3-6-3?

15. How Long Is the Mandatory Supervised Release or Parole Period for first degree murder?

16. What is Second Degree Murder?

17. Who has the burden of proof in a second degree murder charge?

18. Why is it rare to see someone charged with second degree murder only?

19. What does “serious provocation” mean in Second Degree Murder?

20. What level of felony is second degree murder? What is the sentencing range for second segree murder?

21. What percentage of your prison sentence do you serve for Second Degree Murder 730 ILCS 5/3-6-3?

22. Can I get Probation on a Second Degree Murder charge? Is Second Degree Murder non-probationable? Is Prison Mandatory for Second Degree Murder?

23. What is the difference between First Degree Murder and Second Degree Murder?

24. How to Keep a First Degree Murder conviction off your record?

25. How to Win at trial?

26. How to Win at motion?

27. How to avoid a First Degree Murder conviction by a Plea Agreement (Reduction on the Charge)?

28. Other Violent Crimes Guides

What is First Degree Murder 720 ILCS 5/9-1?

In Illinois, first degree murder is not just that you caused the death of another person. The crime has a lot more to do with your mental state when the action that caused the death of another person occurred. The exact law is found in 720 ILCS 5/9-1 and it states that: “a person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death:
(1) he or she either intends to kill or do great bodily harm to that individual or another, or knows that such acts will cause death to that individual or another; or
(2) he or she knows that such acts create a strong probability of death or great bodily harm to that individual or another; or
(3) he or she, acting alone or with one or more participants, commits or attempts to commit a forcible felony other than second degree murder, and in the course of or in furtherance of such crime or flight therefrom, he or she or another participant causes the death of a person.”

What does “without lawful justification” mean?

In Illinois, a person can be legally justified in taking another person’s life. The one common example that people understand is self-defense. A person is “justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony.” 720 ILCS 5/7-1(a).

Another one (which no longer applies) is the executioner at someone’s death sentence. “A public officer who, in the exercise of his official duty, puts a person to death pursuant to a sentence of a court of competent jurisdiction, is justified if he acts in accordance with the sentence pronounced and the law prescribing the procedure for execution of a death sentence.” 720 ILCS 5/7-10. (I’ll discuss possible defenses later on in this guide).

What does “forcible felony” mean?

There are specific crimes which are forcible felonies, and other crimes that can be considered forcible felonies. The law states that “‘forcible felony’ means treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, aggravated kidnaping, kidnaping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement and any other felony which involves the use or threat of physical force or violence against any individual.” 720 ILCS 5/2-8.

Since the word “forcible felony” appears in both the definition of first degree murder and the defense of self-defense, some defendants argue that it existed in their case while other defendants argue that it was not present in their case. For those arguing against it, those defendants want to say that no forcible felony occurred so that they are not legally responsible for a death. For those who argue for it, those defendants argue that the victim was engaged in a forcible felony and that is why the defendant was justified in using deadly force.

Can I be charged with First Degree Murder, if someone else killed the victim?

Yes! You could be charged with First Degree Murder under the felony murder rule. If you are engaged in a forcible felony with your friends, and one of your friends kill someone, then you can be charged with first degree murder.

Here’s an example: You and I agree to grab guns and rob a bank. When we get inside the bank, you don’t like how the security guard is looking at you so you shoot him dead, even though it was not part of the plan for any hostages to be killed. In this scenario, I could be charged with First Degree Murder for the death of the security guard.

Do I need a lawyer if I am charged with First Degree Murder?

Are you kidding me? Of course you need a lawyer. You need the best lawyer possible. You should be represented by an attorney on any offense that can result in the loss of your freedom. This is a right guaranteed to you under the United States Constitution.

Is First Degree Murder a Misdemeanor or Felony?

First Degree Murder is a Felony. A felony is a crime that is punishable by more than 1 year of imprisonment. 720 ILCS 5/24-1.2(b).

What level of felony is First Degree Murder?

First Degree Murder is the highest class felony, and it is in a class by itself (unofficially referred to as a Class M felony). The order of felonies in Illinois from most to least serious goes: First Degree Murder, followed by Class X, Class 1, Class 2, Class 3, and then Class 4. 

Can I go to prison? What Is the Sentencing Range for First Degree Murder?

Yes, the sentencing range for First Degree Murder is 20 to 60 years in the Illinois Department of Corrections. 730 ILCS 5/5-4.5-20. However, if there are aggravating circumstances, then the sentencing range can be much higher.

What is the sentence for First Degree Murder if a Firearm was used? Are there gun enhancements?

If you are charged with First Degree Murder and were personally armed with a firearm, then there is a 15-year gun enhancement. That means that your new sentencing range is 35 to 75 years in the Illinois Department of Corrections. If you discharged that firearm, then it is a 20-year gun enhancement. So, your sentencing range for discharging the firearm would be 40 to 80 years in the Illinois Department of Corrections. If you shoot someone, then there is a 25 to life enhancement. Your new sentencing range for shooting someone is 45 years to Life in the Illinois Department of Corrections. 730 ILCS 5/5-8-1(a)(1)(d). Please note: your sentencing range could be even higher if this crime must be a consecutive sentence to other crimes that you are charged with. 730 ILCS 5/5-8-4(d)(1) makes class X felonies involving severe bodily injury mandatorily consecutive to other crimes.

When does First Degree Murder have a mandatory sentence of life in prison?

If any of the following circumstances apply to your case, and you are 18 years old and over, the Court must sentence you to Life in Prison:

1. You have a prior conviction for 1st degree murder;
2. You killed more than 1 person;
3. You killed a police officer, fireman, or emergency management worker when the police officer, fireman, or emergency management worker was killed in the course of performing his official duties, or to prevent the peace officer or fireman from performing his official duties, or in retaliation for the police officer, fireman, or emergency management worker from performing his official duties, and the defendant knew or should have known that the murdered individual was a police officer, fireman, or emergency management worker, or
4. You killed an employee of a jail or prison, when the employee was killed in the course of performing his official duties, or to prevent the employee from performing his official duties, or in retaliation for the employee performing his official duties, or
5. You killed is an emergency medical technician – ambulance, emergency medical technician – intermediate, emergency medical technician – paramedic, ambulance driver or other medical assistance or first aid person while employed by a municipality or other governmental unit when the person was killed in the course of performing official duties or to prevent the person from performing official duties or in retaliation for performing official duties and the defendant knew or should have known that the murdered individual was an emergency medical technician – ambulance, emergency medical technician – intermediate, emergency medical technician – paramedic, ambulance driver, or other medical assistant or first aid personnel, or
6. the murder was committed by reason of any person’s activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer. 730 ILCS 5/5-8-1(a)(1)(c).

Can I get Probation? Is First Degree Murder non-probationable? Is Prison Mandatory?

First Degree Murder is non-probationable! If you are found guilty of first degree murder, the judge must impose a prison sentence. 730 ILCS 5/5-4.5-20(d). To avoid the mandatory prison sentence or the sentencing range for first degree murder, some defendants argue for 2nd degree murder or involuntary manslaughter. (I’ll address both of these later on).

Can I get Supervision?

No. Court supervision is not a possible outcome in felony cases. 730 ILCS 5/5-6-1(c).

What Is the Extended Sentencing Range 730 ILCS 5/5-4.5-20(a)?

Under Illinois’ sentencing guidelines, the extended sentencing range for First Degree Murder is 60 to 100 years in the Illinois Department of Corrections. Before someone is eligible for extended sentencing, there must be a finding that certain aggravating circumstances apply. An extended sentence for first degree murder can be imposed if within the last 10 years (excluding time in custody), the defendant has been convicted of:

1. Attempted first degree murder;
2. A class X felony;
3. Delivery of a Controlled Substance (over 5 grams of fentanyl or 3 grams of heroin);
4. A non-probationable class 1 felony because you had another class 1 conviction;
5. A non-probationable class 2 felony sex or firearm offense because you had another class 2 conviction;
6. A prior gun conviction that involved mandatory prison;
7. Residential burglary;
8. Criminal sexual assault;
9. Aggravated battery of a senior citizen;
10. A forcible felony related to an organized street gang;
11. Vehicular Hijacking;
12. A 2nd hate crime;
13. A second institutional vandalism;
14. A Class 3 felony FOID Violation;
15. Compelling Organization Membership of Persons;
16. Child Pornography (under sections (a)(1), (2), (3), (4), (5), or (7); or (a)(6) if the victim is a family or household member;
17. Gunrunning or Unlawful Purchase of a Firearm;
18. A Second or Subsequent Driving on a Revoke License when the license was revoked on a reckless homicide;
19. Disarming a Peace Officer;
20. Unlawful Possession of a Firearm by a street gang member (when firearm is loaded);
21. A non-probationable class 1 felony because it was committed while on felony probation;
22. Theft over $500,000;
23. Money Laundering over $500,000;
24. Selling Counterfeits (over 2,000 items or over $500,000);
25. Aggravated Assault where you aim a gun at an officer; or
26. Firearm Trafficking

What percentage of your prison sentence do you serve for First Degree Murder 730 ILCS 5/3-6-3?

First Degree Murder is one of a few charges that is a 100% sentence. Illinois’ Truth-In-Sentencing law states: “that a prisoner serving a sentence for first degree murder … shall receive no sentence credit and shall serve the entire sentence imposed by the court.” 730 ILCS 5/3-6-3(a)(2)(i). So, if you received an imprisonment term of 40 years in the Illinois Department of Corrections, you would serve the entire 40 years.

How Long Is the Mandatory Supervised Release or Parole Period for First Degree Murder?

The Mandatory Supervised Release period is 3 years for someone sentenced to the Illinois Department of Corrections for First Degree Murder. 730 ILCS 5/5-8-1(d)(1).

What is Second Degree Murder?

Every Second Degree is essentially a First Degree Murder with mitigating factors. Those mitigating factors are:

1. at the time of the killing he or she is acting under a sudden and intense passion resulting from serious provocation by the individual killed or another whom the offender endeavors to kill, but he or she negligently or accidentally causes the death of the individual killed; or
2. at the time of the killing he or she believes the circumstances to be such that, if they existed, would justify or exonerate the killing under the principles stated in Article 7 of this Code, but his or her belief is unreasonable. 720 ILCS 5/9-2(a).

Here is an example of the first mitigating factor: You get home from work and your new boyfriend has left your child unconscious from a beating he gave the child before you arrived. He has failed to seek any medical attention for your child. You kill your boyfriend and rush your child to a hospital. In this scenario, the intense passion that you feel from the harm that your boyfriend caused your child would be a mitigating factor that may turn a First Degree Murder charge to 2nd Degree Murder.

Here is an example of the second mitigating factor: you arrive home from work to see rose pedals, open champagne, half eaten dinners, and a trail of clothes leading to your bedroom. There is no sign of forced entry. You hear what sounds like sex coming from your bedroom. You enter the room and shoot the male intruder under the belief that he was raping your wife. It turns out that your wife was having an affair. In this scenario, a defense of others would apply if there was an ongoing criminal sexual assault. However, your belief that you were defending your wife may be considered unreasonable given everything you saw leading up to the bedroom. This may turn a First Degree Murder charge to 2nd Degree Murder.

Who has the burden of proof in a second degree murder charge?

To start, the State has the burden of proving beyond a reasonable doubt that you committed first degree murder. If you raised any affirmative defenses, like self-defense, then the State has the burden of proving beyond a reasonable doubt the absence of circumstances at the time of the killing that would justify or exonerate the killing. This means that a jury is not allowed to consider whether you are guilty of the lesser offense of second degree murder until and unless the jury has first determined that the State has proved beyond a reasonable doubt both that you committed first degree murder and that an affirmative defense does not apply.

Once the State has met their burden, the burden switches to you to prove either one of the mitigating factors by a preponderance of the evidence before you can be found guilty of second degree murder. 720 ILCS 5/9-2(c).

I know understanding this section is tough so let me give you an example to try and clear things up: Michael does a driveby shooting on Chris’ block and kills Chris’ brother. Chris sees his dying brother and immediately gets in a car to track down Michael. He finds Michael 45 minutes later and kills Michael in a second driveby shooting. At trial, Chris raised a “defense of others” defense to justify shooting at Michael. (This would not be a good defense because Chris’s shooting was not to defend his brother who was already dead, it was retaliation).

In this scenario, the jury will first consider whether Chris killed Michael (first degree murder). Next, the jury would consider whether Chris’ defense of others claim (affirmative defense) applies. The jury could find that Chris killed Michael, and that defense of others does not apply.

Only after considering those two things, would the jury consider whether Chris was acting under intense passion resulting from serious provocation (Michael killing Chris’ brother). If the jury finds that (1) Chris killed Michael, (2) too much time passed for Chris’ defense of others claim to apply in this case, but (3) Michael seriously provoked Chris by killing Chris’ brother, then the jury would find Chris guilty of second degree murder.

Why is it rare to see someone charged with second degree murder only?

Because it is your burden and not the State to prove that second degree murder applies. There’s a case from the 1980s that addresses this very issue. “By charging a defendant with second degree murder, the State is alleging that it can prove the elements of first degree murder, but is conceding the presence of mitigating factors. Under these circumstances the defendant bears no burden to prove any mitigating factors.” People v. Burks, 189 Ill.App.3d 782 (3d Dist. 1989). In this scenario, the defendant would be free to argue something else, like “they have the wrong guy.”

What does “serious provocation” mean in Second Degree Murder?

Serious provocation is conduct sufficient to excite an intense passion in a reasonable person. However, discovery, knowledge, or disclosure of the victim’s sexual orientation cannot be the triggering conduct as it violates the Illinois Human Rights Act. 720 ILCS 5/9-2(b).

The term “serious provocation has a well-established meaning when considering whether an individual acted under serious provocation sufficient to reduce the offense of first degree murder to second degree murder, and is limited to the categories of substantial physical injury or assault, mutual quarrel or combat, illegal arrest, and spousal adultery. Mere words, no matter how insulting, and including those which carry messages of adultery, are insufficient. … Serious provocation for the purposes of second degree murder, must be direct and immediate.” People v. Powell, 2013 IL App (1st) 111654.

Please Note: “Where the provocation, if any, is slight and the retaliation is disproportionately great, the crime is first degree murder.” That comes for the case of People v. Dowdell, 84 Ill. App. 3d 707 (1980).

What level of felony is Second Degree Murder? What is the Sentencing Range for Second Degree Murder?

You would think that Second Degree Murder would be one step down from first degree, but it is actually 2 steps down. Second Degree Murder is a class 1 felony with a unique sentencing range of 4 to 20 years in the Illinois Department of Corrections.

What percentage of your prison sentence do you serve for Second Degree Murder 730 ILCS 5/3-6-3?

Second Degree Murder is a 50 % sentence. Illinois’ Truth-in-Sentencing law states: “the rules and regulations shall provide that a prisoner who is serving a term of imprisonment shall receive one day of sentence credit for each day of his or her sentence of imprisonment.” 730 ILCS 5/3-6-3(a)(2.1). So if you received the minimum imprisonment term of 4 years in the Illinois Department of Corrections, the most you would actually serve is 2 years assuming you do not receive any other credits.

Can I get Probation on a Second Degree Murder charge? Is Second Degree Murder non-probationable? Is Prison Mandatory for Second Degree Murder?

Yes, you CAN receive probation on Second Degree Murder! If you are charged with the Class 1 felony of Second Degree Murder, you could be sentenced to probation for up to 4 years. 730 ILCS 5/5-4.5-30(d). 

What is the difference between First Degree Murder and Second Degree Murder?

First Degree and Second Degree Murder are very similar because every second degree actually is a first degree murder committed under mitigating circumstances (explained above). The one big difference between the two is the sentencing range. First Degree Murder has a mandatory minimum of 20 years at 100%. Second Degree Murder has a sentencing range of 4 to 20 years but at 50%. So even if you got the maximum sentence on a second degree (20 x 50% = 10 years), you would do half the amount of time as the minimum sentence on a first degree (20 years at 100%). Furthermore, second degree murder is probationable!

What is the difference between First Degree Murder and Involuntary Manslaughter?

The major difference between First Degree Murder and Involuntary Manslaughter is the mental state of the person charged with the offense. In First Degree Murder, the person intends to kill or cause great bodily harm to the victim. With Involuntary Manslaughter, however, the person unintentionally kills the victim because of his or her recklessness.

Here is an example of that difference: I go camping with you and there is a metal firepit next to our sleeping tents. You start shooting your gun into the firepit, a bullet bounces off and kills me. You could be charged with Involuntary Manslaughter for your reckless actions of firing into a metal firepit that was near people. That is much different from you just pointing your gun and shooting me, which would be first degree murder.

The second major difference is that Involuntary Manslaughter is eligible for probation! Involuntary Manslaughter can be a class 3 felony or class 2 felony, both of which are probationable.

How to keep a First Degree Murder Conviction off your record?

There are many ways to keep a First Degree Murder conviction off your criminal record. Here are some of those ways:

How to Win at Trial?

“It was not me” defense. In many cases involving drive-by shootings, the number one question is “who did it?” The people who are victims of drive by shootings are generally not expecting the crime to happen. The crime occurs so quickly, the whole thing happens on the move, the loud shots are going off, and people scrambling around and ducking for cover, the circumstances make it very difficult to do a positive identification of the shooter. If the defendant does not provide a confession to the police, and the shooter’s identity is not captured on video, then the “it wasn’t me” defense may be a very good defense.

Alibi Defense. Instead of just challenging the State’s identification of you, you could choose to present an alibi, which is evidence that shows that you were physically somewhere else at the time of the offense and incapable of committing the crime. This defense literally allows you to “prove your innocence.”

Self defense. The 2nd Amendment of the Constitution guarantees your right to bear arms, and implicit in that right is to use that gun in self-defense. Self-Defense is a valid defense against 1st degree murder. The law of self-defense states: “A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself … against such other’s imminent use of unlawful force. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself … or the commission of a forcible felony.” 720 ILCS 5/7-1(a).

Self Defense in Illinois does not require you to run away. A person who has not initially provoked the use of force against himself has no duty to attempt to escape the danger before using force against the aggressor. See People v. Hughes, 46 Ill.App.3d 490 (1st Dist.1977).

If you were the initial aggressor, the law does not allow the victim’s family or friends to come back at you and get revenge. A person who initially provokes the use of force against himself is justified in the use of force only if the force used against him is so great that he reasonably believes he is in imminent danger of death or great bodily harm, and he has exhausted every reasonable means to escape the danger other than the use of force which is likely to cause death or great bodily harm to the other person; or in good faith, he withdraws from physical contact with the other person and indicates clearly to the other person that he desires to withdraw and terminate the use of force, but the other person continues or resumes the use of force. 720 ILCS 5/7-4(c).

Battered Woman Syndrome. Courts have considered the fact that a person is a battered spouse and its effect on that person’s conduct at the time of the victim’s death. Good cases on this issue are People v. Evans, 259 Ill. App. 3d 195 and People v. Minnis, 118 Ill. App. 3d 345.

“I was forced to do it” defense. Compulsion is generally not available to you if you committed the killing, but it is a defense that could be raised in a prosecution for felony murder. A good case on this issue is People v. Haynie, 347 Ill. App. 3d 650. Here is an example where the defense of compulsion would apply: I am being robbed at gun point and do not have the money to pay the robber. The robber know that my boss always has cash on him. The robber forces me go to my boss’ home and knock on the door. When my boss opens the door, the robber ends up killing my boss during the robbery/home invasion. In this scenario, I may have a good compulsion defense for the death of my boss.

Defense of Dwelling. A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other’s unlawful entry into or attack upon a dwelling. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if:

1. The entry is made or attempted in a violent, riotous, or tumultuous manner, and he reasonably believes that such force is necessary to prevent an assault upon, or offer of personal violence to, him or another then in the dwelling, or
2. He reasonably believes that such force is necessary to prevent the commission of a felony in the dwelling. 720 ILCS 5/7-2(a).

Defense of Others. You can use deadly force to protect not only yourself, but other people. “A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend … another against such other’s imminent use of unlawful force. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent imminent death or great bodily harm to … another, or the commission of a forcible felony.” 720 ILCS 5/7-1(a).

Involuntary Intoxication. “A person who is in an intoxicated or drugged condition is criminally responsible for conduct unless such condition is involuntarily produced and deprives him of substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law.” 720 ILCS 5/6-3. An unexpected and unwarned adverse effect of a drug taken on doctor’s orders falls within the ordinary and popularly understood definition of “involuntarily.” Thus, the unexpected and unwarned adverse effect is not a conscious effect of a defendant’s will, is not resulting from a defendant’s free and unrestrained choice, and is not subject to control of defendant’s will. People v. Hari, 218 Ill. 2d 275.

Mistake of Fact. A person’s ignorance or mistake as to a matter of either fact or law … is a defense if it [negates] the existence of the mental state of first degree murder (that being the specific intent to kill or cause great bodily harm). 720 ILCS 5/4-8(a). An example of this defense would be the opening scene of the 2009 movie “Sorority Row.” In that movie, the male lead thought that his girlfriend died as a result of an accidental car crash. But she was not actually dead, it was all a prank on him. As he and her friends were disposing of the “dead” body, he stabs her through the chest with a tire iron (actually causing her death). The mistake of fact that the male actor had (that his girlfriend was already dead) would be a defense he could raise if he were charged with first degree murder.

Not Guilty by Reason of Insanity (a.k.a. NGRI). Under Illinois Law, a person is not criminally responsible for conduct if at the time of such conduct, as a result of mental disease or mental defect, he lacks substantial capacity to appreciate the criminality of his conduct. 720 ILCS 5/6-2(a). The terms “mental disease or mental defect” do not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct. 720 ILCS 5/6-2(b). But if at the crime, you were not insane but was suffering from a mental illness, then you are not relieved of criminal responsibility for his conduct and may be found guilty but mentally ill. 720 ILCS 5/6-2(c). “Mental illness” or “mentally ill” means a substantial disorder of thought, mood, or behavior which afflicted a person at the time of the commission of the offense and which impaired that person’s judgment, but not to the extent that he is unable to appreciate the wrongfulness of his behavior. 720 ILCS 5/6-2(d). When you raise the defense of insanity, the burden of proof is on you to prove by clear and convincing evidence that you are not guilty by reason of insanity. However, the burden of proof remains on the State to prove beyond a reasonable doubt each of the elements of each of the first degree murder charged. At trial, the jury must be instructed that they may not consider whether you have met your burden of proving that you are not guilty by reason of insanity until and unless they have first determined that the State has proven the defendant guilty beyond a reasonable doubt of first degree murder. 720 ILCS 5/6-2(e).

Note: If you are found not guilty by reason of insanity, you should know that this result is very, very different from being found not guilty. A not guilty will result in your release from custody on that charge. If you are found NGRI, however, you can be held in a locked mental health facility for a very long time (maybe your entire life).

The Defense of Infancy: “No person shall be convicted of any offense unless he had attained his 13th birthday at the time the offense was committed.” 720 ILCS 5/6-1. So, if a young child commits a heinous crime, he will not be tried as an adult. Infancy is a total defense, barring adult prosecution to all criminal offenses. People v. Williams, 26 Ill. App. 3d 381. He can still be tried in a juvenile delinquency petition. In Interest of Dow, 75 Ill. App. 3d 1002.

Second Degree: If the victim engaged in some conduct that would upset anyone, you might want to take on the burden of proving that you were under a sudden and intense passion resulting from serious provocation by the individual killed. See the earlier question regarding what is second degree murder.

Supervening Act. A supervening act can relieve an accused from responsibility for the death of another if that act was disconnected from the act of the accused. See People v. Domagala, 2013 IL 113688. Remember, an element of first degree murder is that you performed acts which cause the death of another. If there was some other event that caused the victim’s death, then this defense should be raised.

How to win at motion?

If there were some issues with the recovery of evidence in your case, a motion to suppress might be the solution. A criminal defense attorney can challenge the lawfulness of police conduct. If the Court finds that police failed to follow proper procedure, the Court can prevent the State from using what was recovered from the improper search. This could result in a dismissal of your case.

Pro Tip: Errors are sometimes made when a criminal case is presented to the grand jury. Some errors are fatal to the prosecution of the case if the error impacted your due process rights. Speak with your attorney about any grand jury errors.

How to avoid a First Degree Murder conviction by a plea agreement (Reduction on the Charge)?

A reduction from First Degree Murder to a second degree murder or involuntary manslaughter is a very good disposition because both second degree murder and involuntary manslaughter are probationable. The second good reason is that the minimum sentence on a first degree murder (20 years at 100%) is worst that the stiffest penalty on second degree or involuntary manslaughter.

Other Violent Crimes Guides

If you are looking for information about Aggravated Domestic Battery cases, check out our guide to Aggravated Domestic Battery cases in Illinois.

If you are looking for information about Criminal Sexual Assault, check out our guide to Criminal Sexual Assault cases in Illinois.

If you are looking for information about Aggravated Discharge of a Firearm, check out our Aggravated Discharge of a Firearm cases in Illinois.

If you are looking for information about Armed Violence, check out our guide to Armed Violence cases in Illinois.

Hire Illinois Violent Crime Defense Lawyer Clyde Guilamo

I offer this Illinois First Degree Murder guide as free legal education. #notlegaladvice. If you have specific questions about your case, call me today for a free consultation: