In Illinois, first and second degree murder are distinguished by the murderer’s state of mind. First degree murder involves intent to kill. Second degree murder means you still had intent to kill, but you were slightly less responsible for your actions because of great passion or provocation.
To prove first degree murder, the state must show that you intended to kill or do great bodily harm to another, or that you knew your acts would create a strong probability of death or great bodily harm. Another definition involves felony murder: you were acting with another to commit a forcible felony (other than second degree murder), and you or another participant caused the death. Unlike in some states, Illinois law does not require the state to prove that the murder was premeditated or that you were “lying in wait.” See 720 ILCS 5/9-1.
Second degree murder is the same as first degree murder, except with mitigation. Perhaps you were acting under a sudden and intense passion resulting from serious provocation. Or you unreasonably believed you had legal justification to kill. Perhaps you thought you were acting in self defense, but that belief was unreasonable. See 720 ILCS 5/9-2.
Serious provocation is defined as conduct that would excite an intense passion in a reasonable person. (Note that under Illinois law, discovering someone’s sexual orientation is not serious provocation.) While the state must still prove first degree murder beyond a reasonable doubt, the defendant must prove the mitigation necessary to reduce the verdict to second degree. If so, the state must then prove that the mitigation did not exist.
Proving second degree murder can substantially reduce the prison sentence. First degree murder is punishable by 20 to 60 years in prison, while second degree murder is punishable by 4 to 20 years.
If you or a loved one has been charged with murder, contact an experienced criminal law attorney immediately. An attorney can review your case for its best possible defense. Perhaps the state cannot prove all the elements of the murder beyond a reasonable doubt, such as the murder’s identity or that the killing was intentional. Perhaps there was legal justification to kill, such that you were defending a break in in your home or acted in defense of yourself or another. Even if the evidence against you is overwhelming, an attorney 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.)
