A SKOKIE CRIMINAL LAWYER EXPLAINS THE LAW 1-847-568-0160

The answer is yes, if you knew the deceased had been murdered and you did something to conceal the death beyond simply withholding information.

Under 720 ILCS 5/9-3.4, you commit concealment of homicidal death when you knowingly conceal a death and you knew that the person died by homicidal means. To conceal the death, you must perform an act for the purpose of preventing or delaying discovery of the murder. Death by “homicidal means” includes any legal or illegal act that causes the death. If the evidence warrants, the state may also be able to charge you with the murder.

To convict you, the state must prove: (1) knowledge that a homicidal death has occurred and (2) an affirmative act concealing the death. These elements can at times to lead to a rather strange outcome. For example, in People v. Salinas, the defendant was convicted of concealing a homicidal death when he set fire to a car containing two gunshot victims. Later, the coroner determined that one victim was still alive at the time of the fire. Therefore, defendant’s conviction for concealing a homicidal death on that count had to be reversed.

Concealment of homicidal death is a Class 3 felony, punishable by 3 to 7 years in prison.

If you have been charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case for your best possible defense. Did police follow legal procedures in obtaining any statements you may have made? Can the state prove you guilty of all elements of the offense beyond a reasonable doubt? Even if police acted lawfully and the evidence against you is overwhelming, an attorney who is respected in the court house may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

The answer is yes, provided the state can show the messages are genuine.

The state may prove you were the source of an email, text or other social media message through circumstantial evidence, including the message’s appearance, contents, and substance. The message’s reliability may be established when a witness testifies as to the message’s distinctive characteristics.

For example in People v. Brand, the State was able to show that certain Facebook Messenger messages from “Masetti Meech,” came from the defendant. The victim testified that while they were dating, defendant messaged her via Facebook messenger multiple times under that username. Further, at least one of the messages contained unique information not widely known to other persons, such as the location of the victim’s car, which defendant had taken.

If you have been charged with a criminal offense, contact an experienced attorney immediately. An attorney can review your case for your best possible defense. Did the police follow proper procedures in collecting evidence against you? Is it clear that any circumstantial evidence points to you? Is there more than one way to interpret any messages that you wrote? Even if the evidence against you is overwhelming, an attorney who is respected in the court house may be able to negotiate a more favorable plea agreement than you could on your own.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

In Illinois, felony murder is a type of first degree murder. You commit felony murder when you, by yourself or with another, commit or try to commit a forcible felony (such as armed robbery but not second degree murder) and in the course of your crime or attempted escape, you or your accomplice cause a death. See 720 ILCS 5/9-1(a)(3).

Felony murder does not require an intent to kill. If there is an intent to kill, you could be charged with another type of murder. Felony murder merely requires a death in the course of committing a forcible felony. As of July 1, 2021, the death must be caused by you or another participant in the crime. In other words, you can no longer be charged with felony murder if a victim kills a third party while shooting in self defense.

To determine whether the underlying felony qualifies as “forcible,” the court examines whether you contemplated that violence might be necessary to carry out your purpose. For example, in People v. Schmidt, the defendant’s drunken theft of a van and excessive speeding in escaping was not a forcible felony even though he killed a pedestrian as a result. The court held that while this behavior could support a conviction for reckless homicide, the defendant had not contemplated that the use of force against an individual might be necessary to accomplish his escape.

On the other hand, in People v Figueroa, the aggravated discharge of a firearm was considered a forcible felony where the defendant shot at a rival gang member but killed an innocent bystander. And in People v. Phillips, aggravated arson was a forcible felony where the defendant set a fire that killed three people even though the defendant set the fire out of frustration and not out of any desire to kill.

If you are charged with felony murder or another criminal offense, contact an experienced criminal lawyer immediately. An attorney can review your case for your best possible defense. Was the underlying crime a forcible felony? Was the use of violence contemplated as part of the underlying offense? The answer can be very fact specific and different judges may view the facts completely differently. An attorney who is familiar with your courthouse may be able to present your situation in its most favorable light.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

In Illinois, you may use force against someone if you reasonably believe that such force is necessary to stop or end someone’s unlawful entry or attack on your home. (See 720 ILCS 5/7-2.) Further, you may use deadly force to defend your home only if you reasonably believe such force is necessary 1) to prevent a felony, or 2) to prevent violence to yourself or another and the intruder’s entry was violent or riotous.

Contrary to all those stories about burglars suing homeowners, Illinois law does not permit an aggressor to sue you if your use of force was justified. Sometimes, however, the defender may end up as a criminal or civil defendant. In that case, when did defense of a dwelling go too far? The answer depends on the definition of “justified.”

Unlike self-defense, defense of a dwelling does not require danger to life or great bodily harm in order to invoke the right to kill. Nevertheless, both defenses depend on whether the circumstances of your case caused you to reasonable believe that the threatened danger, whether real or apparent, existed. This is a highly fact-specific inquiry which different judges may view very differently. Therefore, if you are charged with battery or murder based on defense of a dwelling, you should look for an attorney who is familiar with your specific judge.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

Reference: People v. Wiggins

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)