In the realm of criminal defense, few accusations are as grave as a murder charge. The stakes are high, and the consequences severe. In recent years, however, advancements in forensic technology have emerged as powerful allies for those facing false murder allegations.

This blog will delve into the crucial role that forensic evidence plays in debunking false murder accusations, with a focus on real cases from the city of Chicago. We will explore the cutting-edge techniques and methodologies that have become instrumental in proving innocence and highlight the significance of partnering with an experienced criminal defense lawyer to build a formidable defense.

Advancements in Forensic Technology

Forensic science has witnessed remarkable advancements, transforming the landscape of criminal defense. DNA analysis, for instance, has become a cornerstone in exonerating individuals who were wrongly accused.

The ability to examine biological evidence with unprecedented precision has uncovered the truth in countless cases. In Chicago, as in many other jurisdictions, these advancements have played a pivotal role in unraveling false murder allegations.

Real Cases from Chicago

One noteworthy case that underscores the importance of forensic evidence in debunking false murder accusations is the exoneration of James Thompson. In 2018, Thompson found himself at the center of a murder investigation in Chicago.

The prosecution claimed to have a strong case against him, relying on witness testimonies and circumstantial evidence. However, Thompson’s defense team, led by a seasoned criminal defense lawyer, leveraged advanced forensic techniques to challenge the prosecution’s narrative.

DNA analysis of the crime scene revealed the presence of genetic material that did not match Thompson’s profile. This revelation became a turning point in the case, leading to the dismissal of charges against him. Thompson’s case serves as a testament to the power of forensic evidence in dismantling false murder accusations.

The Role of Forensic Pathology

Forensic pathology, another critical aspect of forensic science, has also played a pivotal role in debunking false murder allegations. Autopsies conducted by forensic pathologists can provide crucial insights into the cause and manner of death, helping establish the innocence of the accused.

In Chicago, cases where forensic pathology has been instrumental in disproving murder allegations highlight the importance of a comprehensive defense strategy.

In a recent case, Sarah Rodriguez was accused of murdering her husband. The prosecution presented a narrative of foul play based on the initial autopsy report. However, in collaboration with a skilled forensic pathologist, Rodriguez’s defense team challenged the findings.

A second autopsy revealed that the cause of death was, in fact, natural, dispelling the false murder allegations against Rodriguez.

Building a Strong Defense

The examples from Chicago underscore the significance of building a robust defense when facing false murder allegations. Partnering with an experienced criminal defense lawyer who understands the intricacies of forensic evidence can make all the difference. These legal professionals have the expertise to challenge the prosecution’s case, leveraging advancements in forensic technology to uncover the truth.

When accused of murder, time is of the essence. Prompt action, including securing crime scene evidence and enlisting forensic experts, can build a strong defense. A skilled criminal defense lawyer will conduct a thorough investigation, leaving no stone unturned to gather evidence supporting their client’s innocence.

Defense Against False Murder Allegation

In the face of false murder allegations, forensic evidence has emerged as a beacon of hope for the wrongly accused. Advancements in forensic technology, coupled with the expertise of forensic professionals and criminal defense lawyers, have debunked false narratives and secured justice for those caught in the crosshairs of the legal system.

As we continue to witness progress in forensic science, it is essential for individuals facing murder charges to understand the pivotal role that forensic evidence plays in their defense. By embracing these advancements and collaborating with seasoned legal professionals, the truth can prevail, and innocence can be proven beyond a shadow of a doubt.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Chicago sees its fair share of gun violence and murder, and February of 2021 has so far been no different. From Chicago drive-bys to breaking up fights there were nine murders reported in a span of just two weeks.

In fact, in one weekend alone in early February, there were 22 hurt and 4 dead from gun violence. One 42-year-old man was simply trying to stop a fight when he was shot to death. Another man was killed in a drive-by shooting that took place in the Little Village neighborhood.

While it’s true the death penalty may no longer apply in this state, that doesn’t mean that an Illinois murder isn’t punished harshly and that it could for all intents and purposes take away your life.

Murder in Illinois

In the state of Illinois, murder is considered a violent crime. That means that some type of threat of harm or harm was done to another person. The most serious violent crime under the law is murder.

In Illinois, there are different levels of murder that can be prosecuted. The crime with which someone is charged is largely dependent upon the state of mind of the perpetrator during the crime as well as the circumstances surrounding the crime.

Let’s take a closer look at the different types of murder charges and the penalties associated with a conviction for each.

The Different Types of Murder

Illinois classifies every murder crime in one of four ways: as either one of two degrees, as reckless homicide, or as an involuntary manslaughter crime.

First-Degree Murder

This is the most serious charge associated with homicide. Illinois law defines it as the intention to do great bodily harm to or kill someone else by perpetrating an act that is known to cause death without legal justification.

Basically, acting intentionally to kill someone else – and doing so while not acting in self-defense – can result in a first-degree murder charge.

Illinois also has something called felony murder. This is a murder that is committed while also committing a forceable felony such as armed robbery. Felony murder will result in a first-degree murder charge.

As a Class 1 felony, the penalties for first-degree murder include up to life in prison. If you are charged and convicted of murder as a Class X felony, then you can also face life in prison but never have the opportunity for parole.

Second-Degree Murder

This charge is not considered as serious as first-degree murder in the sense that the crime is not seen as premeditated, but it still can result in very serious consequences.

Second-degree murder is normally charged when a person purposefully or knowingly kills another person but did it with may have impacted their state of mind when the crime occurred.

An example is someone who catches their partner in bed with another person and ends up murdering one or both of them. It can also apply to those who believed at the moment that the killing was justified.

If convicted of second-degree murder, a person can face up to 20 years in prison but have the possibility of parole at some point.

Reckless Homicide/Involuntary Manslaughter

The crime of involuntary manslaughter/reckless homicide is committed when someone acts in a reckless or negligent way that results in the death of another person. This can include a car accident that kills someone else when drinking and driving.

It is a Class 3 felony and can result in up to five years behind bars and fines of as much as $25,000.

The killing of another person is perhaps one of the most serious crimes that can occur in society, which is why it’s dealt with so severely. Understand your rights if you’re ever charged with a crime associated with murder so that you can have the best chance at a proper defense.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Chicago sees its fair share of violence and crime, but over a weekend at the end of May, violence saw a new high.

According to the University of Chicago Crime Lab, May 31, 2020, was the most violent day Chicago has seen since it started collecting data in 1961. Eighteen people were killed in one day, and 25 were killed in total before the weekend was over.

Murder is a crime that carries with it severe penalties, but being charged with murder doesn’t mean you will spend the rest of your life in prison. There are a number of ways that you can mount a defense against murder charges, and no two murder cases are charged or tried the same way. Here’s what you need to know about being charged with murder in Chicago.

Understanding Murder Charges in Illinois

Causing the death of another person can result in being charged with murder in Illinois. The type of murder charge someone will face depends on the circumstances and facts surrounding the case. The factor that often determines the type of murder charge is the intent of the person being charged when the crime was committed.

The most common types of murder charges include:

First Degree Murder

The most serious murder charge someone can face is first degree murder. In general, it’s defined as the intentional killing of someone else without legal justification. In Illinois, there are three scenarios that often result in first degree murder charges. These are:

• Intending to kill or cause great bodily harm to someone else
• Committing or attempt to commit a forcible felony, such as robbery or sexual assault, at the same time as the murder
• Understanding that the acts undertaken create the possibility of or death

Acting in a way that causes the killing of another, coupled with intent to kill them, will likely result in first degree murder charges, but it must be shown that the person committing the crime was deliberate in their actions and in thought.

Second Degree Murder

Second degree murder differs from first degree in how the crime is justified. In Illinois, second degree murder can be charged if the death of another person occurs when the accused:

• Was acting under an intense and sudden crime of passion that was the result of provocation by the victim or someone else
• Believed mistakenly that the murder was justified legally

Self-defense and crimes of passion are common examples of situations that can result in a second degree murder charge. The defendant must be able to prove that one of the mitigating factors mentioned existed at the time the crime occurred.

Penalties for Illinois Murder

In our state, if you are found guilty of murder, you can face serious penalties.

First Degree Murder Sentencing

If found responsible of first degree murder, the least possible sentence in Chicago is 20 years served in prison. If there are no aggravating factors, the sentence cannot be more than 60 years. However, aggravating factors can increase the sentence. These factors include things such as:

• Victim under the age of 12
• Victim over the age of 60
• Victim was a corrections officer, firefighter, or police officer
• Murder was done for compensation
• Victim’s death was the result of a hijacking
• Victim was under a protective order
• Victim was tortured before they died

Aggravated first degree murder is punishable in Illinois by life in prison.

Second Degree Murder Sentencing

Being found guilty of a second degree murder is a Class 1 felony in Illinois. If convicted, between four and 20 years can be served in prison.

Understanding the ramifications for murder, even if done as a crime of passion or self-defense, is crucial to fighting your charges and protecting your future.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

According to the Chicago police, overall crime in Chicago is on the decline. Except when you’re talking about homicides and shootings.

According to their reports, homicides were up 41 percent in February 2020 over the same month in 2019. It’s simply a fact of life that in Chicago, homicide touches the lives of many people.

These grim statistics also shed light on Illinois’ felony murder rule. This controversial murder rule may have people facing murder charges that never even pulled a trigger. Why is that?

Here’s what you need to know about the felony murder rule in Illinois and how it may impact how homicides are charged.

Felony Murder in IL: What Is It?

In the state of Illinois, a death qualifies as a first-degree murder if the suspect:

• Knew their actions could cause great bodily harm
• Intended to cause bodily harm to the victim or kill them
• Were attempting to commit or committing a forcible felony other than second-degree murder

That last condition is what is called the “felony murder rule.” It spells out how a person who commits a violent crime can be charged with first-degree murder without the requirement to prove they ever intended to hurt the victim. Basically, it elevates deaths that occur during the commission of another felony as a murder.

The felony murder rule is meant to deter dangerous felonies, but many critics argue that it’s an unjust rule because it doesn’t require an intent to kill to be proven in order for someone to be convicted of felony murder.

How Illinois Applies the Rule

There’s a lot of controversy surrounding this rule because it’s got a fairly broad application in criminal cases.

The way Illinois interprets this law means that it follows what is called the proximate cause theory. That theory states that felons are accountable for any probable deaths that may occur during a felony or attempted felony.

So yes, you can be charged with first-degree murder even if you don’t mean to kill anyone but are still involved in crimes listed as forcible felonies. That can result in a conviction and ultimate death sentence if other aggravating factors are involved in the case.

Does the Rule Include All Felonies in Illinois?

In the modern legal system, laws differentiate between serious felonies, inherently dangerous felonies, and all others. First-degree murder applies to death that occurs during inherently dangerous felonies while second-degree murder applies to serious felonies only.

The term “inherently dangerous” is a bit of an abstract term, but if there’s a substantial likelihood that a death will result due to the very nature of the crime, then that crime is considered an inherently dangerous one by many courts.

Still, other courts can examine the facts on a case-by-case basis to determine if a crime was fundamentally dangerous or not and whether a death stemming from them could be considered first- or second-degree murder.

Are There Limits to the Illinois Rule?

There are a couple of scenarios that limit the Illinois felony murder rule. For example, there is usually a time and distance limit when a death occurs. This period of time generally starts when the defendant’s actions have progressed to the point where they could be charged with an attempted felony and will last until the defendant reached a point of apparent safety.

A great example of the time component is this: A criminal makes his getaway from the scene of the crime and someone is killed during that getaway. That scenario would set the defendant up for the felony murder rule.

How Does IL Handle Deaths Caused by People Who Aren’t Committing Felonies?

When a felony such as a robbery or assault is committed and the target of that crime fights back and kills is assailant, does that expose them to the felony murder rule in Illinois? After all, these deaths can occur during the commission of a felony.

The key is that death in this scenario did not occur in the furtherance of a felony. Many courts will not charge the target, or a bystander or police officer, with felony murder. This is a limit that applies only to non-felons. If the accomplice of the defendant commits the murder, then they are exposed to the felony murder rule.

With such high stakes, any time there is a question of a defendant being charged with felony murder, a good criminal defense lawyer is a must-have to protect everyone’s rights and ensure proper justice is done.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Killing someone is the most grievous offense one person can commit against another. At the same time, not all homicides are equal in the eyes of the law.

Some are considered murder, which can be punishable by life imprisonment in Illinois, while others are considered manslaughter, which can carry a prison term typically under 10 years. Chicago is no stranger to either of these, unfortunately.

What is the difference? The element of intent.

Murder is defined as the intentional killing of the victim, while homicide refers to the reckless and/or unintentional killing of the victim.

The prosecution will examine the evidence to determine which charge will be brought, and evaluate aggravating and mitigating factors to decide the degree.

Below, we break down how the law defines murder and manslaughter, and the circumstances under which these charges may be pressed.

If you or someone you love is facing homicide charges, it is important to seek the advice of an experienced Illinois attorney – it could mean the difference between life behind bars and a change to put things back on track.

First-Degree Murder in Illinois

In order to secure a conviction of first-degree murder, the prosecution must prove the defendant:

• Intended to kill or inflict great bodily harm upon the victim;
• Knew that the act would cause death or great bodily harm to the victim; or
• Killed the victim in the commission of a forcible felony (not second-degree murder).

First-degree murder is the most serious homicide offense in Illinois, and is punishable by life imprisonment.

Before charging the defendant with first-degree murder, the prosecution will consider any aggravating or mitigating factors. This will also be considered by the jury, which may convict the defendant of a lesser homicide offense if mitigating factors are present.

Often, courts will hold a separate sentencing hearing after conviction to determine the appropriate penalties based on the circumstances of the crime.

Second-Degree Murder in Illinois

Murder in the second-degree may be proven the same way as first-degree, and legally, second-degree murder is defined similarly. The difference, again, is intent. Prosecution may elect to press this charge instead when either mitigating factor is present:

• The defendant was under a sudden and intense passion due to serious provocation either by the victim or another person whom the defendant attempted to kill, but negligently killed the victim instead; or
• The defendant believed the killing would be lawfully justifiable, but the belief was unreasonable.

The defendant will be responsible for illustrating these mitigating circumstances at trial. If defense can show that the victim’s conduct provoked or incited behavior that would cause a reasonable person to become impassioned, the murder may be classified as second-degree.

Voluntary Manslaughter in Illinois

Manslaughter is the unintentional killing of an individual without lawful justification, and can be considered voluntary or involuntary. Where most states recognize multiple acts that constitute voluntary manslaughter, Illinois only recognizes one – the manslaughter of an unborn child.

Voluntary manslaughter occurs when:

• The defendant acts under a “sudden and intense passion resulting from serious provocation by another whom the offender endeavors to kill, but negligently or accidentally causes the death of the unborn child;” or
• The defendant intentionally or knowingly kills an unborn child, and at the time of the killing believes that the circumstances justify the killing under justifiable use of force, but this belief is unreasonable.

Any other situation will be charged as murder or involuntary manslaughter.

Involuntary Manslaughter in Illinois

Involuntary manslaughter applies to any accidental death resulting from the reckless actions of the defendant. Recklessness is the key component here – if the loss of life is negligent, this would be a civil matter in a wrongful death lawsuit.

Under Illinois law, involuntary manslaughter is defined as the following:

• The defendant unintentionally killed the victim without lawful justification
• The acts, whether lawful or unlawful, are likely to cause death or great bodily harm to the victim

With a little perspective, it is easy to see the line between manslaughter and murder is often surprisingly thin. In every case, the most important determinants are the defendant’s intent and relationship to the victim.

If the evidence point towards an intentional and premeditated offense, the crime will likely be charged as murder.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

When you live in a big city like Chicago, you can’t help but pay attention to the crime rate, specifically the number of shootings and murders you might be exposed to on a regular basis.

Although the number of shootings during the first half of this year is down from the number in 2016, the number of murders still isn’t decreasing.

From January 1 to June 30, there were 1,385 shootings in Chicago – a 12.1 percent decrease from the previous year. It should be noted, though, that this number does not include the additional 101 people shot over an especially violent Fourth of July weekend.

As far as murders go, so far this year 335 people have been killed with at least 15 others killed during the Fourth of July. Looking only at June, there were 46 murders in 2015, 74 in 2016, and 82 this year.

With murders on the rise in our city, it’s more important than ever to understand the Illinois laws regarding murder and the best defenses that are available if you are charged with this serious crime.

Understanding Murder Charges in Illinois

In our state, you can be charged with first or second degree murder depending on the circumstances of the crime. Let’s look at the details of these two different offenses.

Murder in the First Degree. First degree murder is the most serious murder crime. According to the law, a person who kills an individual without lawful justification commits first degree murder if:

• He intends to kill or cause great bodily harm;
• He knows that such acts create a strong probability of death or great bodily harm; or
• He attempts or commits a forcible felony other than second degree murder.

In 2011, Illinois Governor Pat Quinn abolished the death penalty, so the maximum punishment for a first degree murder charge is life imprisonment.

Murder in the Second Degree. Second degree murder is similar to first degree murder, but there are certain mitigating factors – factors that make the crime less severe – that reduce the charge to second degree murder.

A prosecutor has to prove that a person killed an individual without lawful justification and either intended to kill or cause great bodily harm or knew that such acts created a strong probability of death or great bodily harm. If the prosecutor can prove either of these factors, then the defendant should offer evidence supporting either of these mitigating factors:

• The defendant acted on a sudden and intense passion after being provoked at the time of the killing; or
• The defendant thought the killing would be lawfully justified but that belief was unreasonable at the time of the killing.

If the defendant cannot prove either of these factors, the defendant could be convicted of first degree murder.

Second degree murder is a Class 1 felony punishable by 4 to 20 years in prison.

Common Defenses for Illinois Murder Charges

If you’re charged with murder, hiring an experienced Illinois murder defense lawyer should be your first priority. A skilled attorney will be an incredibly important asset to defend against your charges and fight for your rights. Common defenses for murder charges include:

• Self-defense;
• Lack of intent;
• Lack of knowledge;
• Intoxication; and
• Insanity.

A qualified attorney will be able to determine the best defense strategy for you depending on the facts and circumstances of your case. Reach out to an Illinois defense lawyer today to get started.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Last month, we wrote a blog post about the high number of homicides in Chicago – our city was on track to see the most murders in one year since 1996.

In the early afternoon of December 31, the last homicide of the year was committed. A 24-year old was murdered after possibly hitting another man’s Mercedes. His death brought the total up to 762 homicides throughout the city, up from only 480 homicides in 2015.

Think the violence is going to stop with 2016? Think again.

2017 saw two homicides right as some people were winding down their New Year’s Eve festivities. At 4:30 a.m. on New Year’s Day, police were called to a bar in Uptown, where an argument between two men led to a double homicide.

Even before that brawl ended in tragedy, Chicago police had already been involved in the shooting of a man who physically resisted arrest and led police on a wild car chase. However, since Chicago police do not include police-related shootings, homicides on expressways, or self-defense shootings in their list of homicides for the year, that argument marked the first official homicides of the year.

So obviously the violence and high rate of murder is not going away just because the date on the calendar has changed. This year, though, Chicago police say they intend to make changes to bring about a lower rate in murders around the city.

What Are Police Going to Do About These Murders?

In our previous blog post about 2016’s homicides, we mentioned that the causes behind this spike in murder are complex. Because of this, reducing them is likely to be just as complex. However, with a new year upon us, Chicago police intend to alleviate the issues with a simple mandate: crack down on anyone with a criminal record.

Chicago Police Superintendent Eddie Johnson has said that “the individuals who chose to pull the trigger are repeat gun offenders,” and has blamed this violence at least in part on a lack of effort by police. Others have noted that there has been an 80% decline in street stops, as well as a lower number of arrests.

Johnson hopes to increase the efforts and numbers of police around the city, including hiring 500 more police officers in 2017. These men and women will be placed on the streets or behind the scenes, using new forms of technology that will focus on catching criminals. Along with 44 new surveillance cameras, police plan to continue using gunfire technology and command centers in Englewood and Harrison that will use data to point out repeat criminals or gun offenders.

Another cause of homicide that is becoming increasingly prevalent is the use of social media. Both law enforcement and former gang members have seen homicides that started with an argument on Twitter over things like shoes, girls, or money.

A survey in 2013 revealed that over 80% of police departments use social media to investigate crimes of all kinds. This form of investigation could continue to be a focus around Chicago’s Police Department to find individuals accused of homicide and get them behind bars.

The Drawbacks of New Technology for Investigations

If you are accused with a crime, are the police looking at your Facebook profile for evidence? Possibly. Do not be surprised to see your social media profile or interactions pulled up in the courtroom.

Using Twitter, surveillance cameras, and extensive data on individuals around Chicago might seem invasive, but in reality they are often something far worse: inaccurate. Going to social media to investigation is more often than not lead by the idea that an officer will find a piece of evidence. This can give officers a biased look at their findings before they even log on. Overzealous investigations can lead to false accusations.

In some cases these searches can even be unlawful. When is a warrant needed for social media searches? What happens when your profile is private, but police gain access anyway?

The legal lines for what constitutes lawful searching online and what goes against the Fourth Amendment are still blurry. If police officers violate your rights in the search for a suspect or a reason to believe that you committed a crime, you may have an opportunity for getting the evidence (and even your charges) dropped.

This is where a knowledgeable criminal defense lawyer comes in. Their understanding of the law, of how Chicago’s Police Department and prosecutors work to accuse individuals of crimes, and of the defense strategies that are appropriate for your case are all key to getting your charges dropped or reduced. Reach out to a Chicago homicide lawyer immediately to discuss your options and begin fighting the charges against you.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

Early in the morning on Thursday, December 1^st, Chicago Police found a 19-year old man shot to death on the West Side. The gunshot wounds penetrated his head and chest. By the end of the day, no arrests had been made related to the fatal shooting – but Chicago’s Police and local media did have a very important announcement: this case was the 701^st Chicago homicide in 2016.

That’s right. In less than one year, our city has experienced over 700 homicides. If Chicago sees 60 more homicides by the end of the month (which police believe is not only possible, but confidently predict will happen), the city will have seen the most murders since 1997.

The number of murders in Chicago is 58% higher than the previous year. (In all of 2015, there were 450 homicides.) The number of overall shooting incidents so far this year is 49% higher compared to this time last year.

These numbers are not part of a growing trend in the country. New York City has only seen 306 murders so far this year, and the number is even lower in other big cities like Los Angeles. In fact, despite popular opinion that crime has recently increased, the nation as a whole has seen some of the lowest violent crime rates in the last 30 years.

No, these increased rates are unique to Chicago. Why is it happening?

What’s Going on In Chicago to Cause So Many Homicides?

There isn’t one answer as to why 2016 has been such a violent year for our city. Experts attribute the high murder rate to many factors:

• Garry McCarthy, former head of the Chicago Police Department, said that an anti-police movement has caused police to look at their policies and make changes in order to improve relations with the black communities in Chicago. McCarthy says some of these changes are actually causing “more black lives to be lost.”
• Police officials and local activists believe that the tension between black communities and officers is not seriously contributing to the high homicide rate. Instead, anti-violence activists have said that loose gun laws give people easier access to guns, which in turn leads to more gun deaths. Gang activity and disputes over territory and money are also seen as large factors in the city’s high homicide rate.
• Additionally, activists believe that young people living in the communities where most of the violence is occurring (low-income and predominately black communities on the city’s South and West sides) are developing a dark edge and “self-hatred.” Activists have noted that some of the homicides this year committed by young people started simply over a small argument on social media.
• These low-income neighborhoods have faced decades of segregation, neglect, and devastating poverty, which can be attributed as some of the root causes for the continued, consistent violence and high homicide rates.
• Many locals around the neighborhood believe the continuously high rate of homicide comes from these murders going unsolved. The police, for their part, have stated that the one of the biggest reasons for unsolved murders is the lack of witnesses who are willing to cooperate with police.

What Happens Going Forward?

With so many factors leading to high murder rates in Chicago, it is hard for city and law enforcement officials to move forward with one or two clear solutions that will directly decrease the murder rate on the city’s South and West sides. Efforts, however, are being made.

Now that the high number of Chicago’s murders is out in the public, there will surely be some public demand for police to not only go deeper with their investigations of retaliatory shootings, but also come down on criminals with harsher sentences to keep people behind bars and lower the murder rate in 2017 and beyond.

It’s hard to say exactly what this means, though. Our state has multiple charges for murder, and the penalties for homicide in Illinois range from 4-20 years in prison for second-degree murder to the possibility of life in prison for a first-degree murder conviction. Those consequences are already incredibly harsh.

Still, something clearly needs to change. To that end, Chicago also plans to add over 1,000 officers to the local police department in the next two years. Perhaps some of these officers will be focused on arresting people for gun and weapons possession, a crime that actually decreased this year but is clearly linked to the high rate of violence and murder.

However police decide to crack down, they still have to respect your rights. If you are arrested on weapons charges, homicide charges, or any charge for a violent crime, the best way to protect your rights and your future is to work with a knowledgeable Chicago defense attorney to craft a strong strategy.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

Everyone knows that it’s wrong to kill another human being. But oftentimes, things aren’t so cut and dry. Are come types of killings worse than other types? Are there extenuating circumstances that should be recognized?

The State of Illinois certainly thinks so. Depending on the actual details surrounding a killing, there are a number of murder and related charges that a defendant might face. Understanding the charges that you are actually facing can make all the difference in the world.

So let’s break down these different charges to clarify the specifics of each crime and their associated penalties.

First Degree Murder First degree murder is the most serious murder crime here in Illinois. Our state doesn’t have a capital murder charge because we’ve abolished the death penalty. In order to be convicted of this crime, the prosecution must prove – beyond a reasonable doubt – that the defendant killed someone without lawful justification and one of the following is true:

• The defendant intended to kill that person or do great bodily harm to them
• The defendant knew that the act would most likely result in death or great bodily harm
• The defendant was attempting to commit a forcible felony (i.e. rape) other than second degree murder

First degree murder is punishable by 20 to 60 years in prison, but if aggravating factors are present, the maximum term can be increased to life. For all first degree murder convictions, the entire prison term must be served.

Famous First Degree Murder Case: On September 6, 2012, Drew Peterson – a former police sergeant – was convicted of first degree murder in Illinois for the 2004 death of his third wife, Kathleen Savio. He is currently serving a 38-year prison term with the earliest possible release date of May 7, 2047, when he will be 93 years old.

He was also named as a suspect in the disappearance of his fourth wife Stacy Peterson, which received national publicity and coverage. Stacy’s body has never been found.

Second Degree Murder

While second degree murder is similar to first degree murder, it has certain circumstances that reduce the charge.

As with first degree murder, the prosecution has to prove beyond a reasonable doubt that the defendant unlawfully killed someone and intended to kill or do harm or knew that the act would cause death or harm. If the prosecution can prove either of those circumstances, the defendant then has to prove that:

• He or she was acting under “a sudden and intense passion” at the time of the killing due to being seriously provoked and ended up accidentally or negligently killing an innocent person, or
• The defendant believed that the killing would have been lawfully justified at the time of the killing but that belief was ultimately unreasonable

If the defendant cannot prove either of these circumstances, the prosecution could change the charge to first degree murder.

Unlike first degree murder, second degree murder is a class 1 felony, which is punishable by 4 to 20 years in prison. In some instances, as an alternative to prison, a probation term of 4 years may be an option.

Involuntary Manslaughter

Manslaughter is defined as the unintentional killing of another person without lawful justification, whereas murder is defined as the intentional killing of another person.

So a person commits involuntary manslaughter if the acts that caused the death – lawful or unlawful – are likely to cause death or great bodily harm and are performed recklessly. For example, if someone were to accidentally and unintentionally kill someone with a gun, they could be charged with involuntary manslaughter.

Involuntary manslaughter is a Class 3 Felony punishable by 2 to 5 years in prison but can be elevated to a Class 2 Felony – 3 to 7 years in prison – for aggravating factors. But if you’re dealing with a Class 3 Felony, probation might be an option.

Reckless Homicide

Reckless homicide is very similar to involuntary manslaughter. The major difference between the two charges is that with a reckless homicide, the defendant killed someone with a motor vehicle, snowmobile, all terrain vehicle, or watercraft.

So if someone was driving under the influence of alcohol and killed someone in a crash, they could be charged with reckless homicide. Additionally, a defendant can face other charges with a reckless homicide charge. In the previous example, that driver could be charged with aggravated DUI along with a reckless homicide charge.

As with involuntary manslaughter, reckless homicide is a Class 3 Felony punishable by 2 to 5 years in prison but can be elevated to a Class 2 Felony – 3 to 7 years in prison – for aggravating factors.

Any criminal charge should be taken seriously, but when it comes to the killing of another person, you should absolutely seek legal help and representation from an experienced Illinois criminal defense attorney who understands the law, your charges, and how best to defend your case for the best possible results.

About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

It’s never a bad thing when the crime rate drops in your city, and that’s especially true when the crime in question is homicide. Few criminal acts are more devastating than intentionally taking someone’s life, because there’s no way to take it back and no chance of recovery. Victims expand well beyond the person who dies to their friends, family members, and even their community. Perhaps that’s why Chicago city officials were so quick to trot out the FBI’s most recent uniform crime report, which shows that our city’s homicide rate dropped by more than 3% from 2012 to 2013 – rather significant when you realize this means 86 fewer homicides. It’s a far cry from this time last year, when we were being called the murder capital of America.

But if you read the linked article above, you’ll quickly discover there’s only a drop in certain neighborhoods. In fact, some of the most dangerous neighborhoods in the city actually saw their homicide rates go up, and over 50% of all the homicides in Chicago happened in these 10 areas.

What this means for the people who live in these areas is two-fold:

• You need to take extra care to ensure you and your loved ones are safe.
• You might find that your neighborhood is soon targeted more by police who are trying to crack down.

What’s Your Defense against Charges in Crime-Ridden Areas?

From the statistics above, it seems pretty clear the police need to do a better job of protecting Chicago’s most vulnerable citizens. But while increasing police patrols in some of our more dangerous neighborhoods may discourage illegal activity, it can also lead to civil rights violations and other illegal practices by those who are supposedly out to protect us. If there’s anything our country should have learned from New York’s stop-and-frisk debacle, it’s that targeting leads to unintended problems.

Here are some possible defense strategies to consider if you are charged while in one of these dangerous neighborhoods:

Self-defense. If someone tries to harm you and you end up hurting them while attempting to protect yourself, this needs to be considered. At the very least, it should be a circumstance that mitigates your charges and gets them lessened, but in some cases, it might be enough to have the charges dropped altogether. A good criminal attorney will know how to use the available evidence to show you were only acting to keep yourself or those with you safe.

No probable cause. When areas are flooded with beat cops to prevent crime and the going is slow, it’s not unheard of for police officers to go looking for trouble – even when they have no real reason to suspect it. While most cops don’t do this, it’s still something to watch out for, because the police shouldn’t be coming after you unless you give them a reason to do so.

Profiling. Similar to the above, police are not allowed to treat you like a criminal just because you happen to be hanging out in a specific neighborhood or wearing certain kinds of clothing. And they definitely can’t target people because they’re from a particular race or ethnic group. This type of behavior is most common when people are charged with theft, drug possession, or for carrying a weapon. If you believe you are a victim of profiling, tell your attorney so they can use all of the tools at their disposal to attempt to prove this.

Remember that a charge doesn’t mean a conviction, no matter where you live. Stand up for your rights and protect your future by working with an experienced criminal defense attorney with a track record of success.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

The Whitey Bulger trial is one of the most-watched trials of the century. Reminiscent of something from 1950s film noir, the mob trial has captured national attention largely because of the enormous scale of Bulger’s criminal operations along with the added intrigue of his status as an FBI informant. America’s fascination with Godfatheresque characters and their activities also fuel the overall interest and curiosity. Though the Bureau once looked the other way when it came to Bulger’s criminal activities, which included murder, racketeering, and conspiracy, Whitey Bulger is finally facing justice at the age of 81. Just when it would seem that the country was finally safe from Bulger, a shocking—or predictable, depending on your perspective—death has occurred. Was this witness yet another to murder victim who was silenced before he could take the stand against Bulger?

Fifty-nine-year-old Stephen “Stippo” Rakes was on the government’s witness list, but prosecutors had decided not to use Rakes’s testimony. Anxious to bring Bulger to justice, Rakes was disappointed that he would not be called to testify. He was friends with Steven Davis, whose sister Debra Davis had been killed by Bulger and his gang, and Rakes wanted to participate in bringing closure to the woman’s death. Rakes also had other ties to Bulger’s gang. At one time, he owned the South Boston Liquor Mart, which Bulger purchased to use as a cover for his money laundering scheme in the 1980s. Rakes claimed that Bulger’s gang held him at gunpoint and threatened his daughter until he agreed to sell his store. However, Kevin Weeks, a member of Bulger’s gang, claimed that Rakes wanted to sell the store and had pressured the gangsters for more money. In the ensuing argument, a member of the Bulger gang drew a gun. Rakes and his ex-wife had been involved in perjury cases and lawsuits with Bulger’s gang since the 1990s. Clearly, there was longstanding bad blood between Rakes and Bulger, and after being told he would not be allowed to testify in court, Rakes was not pleased. According to Steve Davis, Rakes “said his testimony was going to mean more to this case than anybody else’s.”

Just one day after being told he would not be permitted to testify, Rakes was found dead by the side of the road only 30 miles from his home. While the investigation into the cause of death was being conducted, speculation naturally leaned toward Bulger and his associates. Though the Middlesex District Attorney’s Office indicated that there were no signs of visible trauma on the body, those who knew Rakes well did not believe he died from natural causes, nor did they believe he would have taken his own life. Davis said that Rakes was in excellent health, and he also told reporters he was “110 percent sure” Rakes did not commit suicide. “I’m thinking somebody slipped something in his drink, poisoned him or something,” Davis said. Reports have emerged during Bulger’s trial of other witnesses who mysteriously died in the 1970s and 80s before they could testify against Bulger. Now, Rakes has been found dead.

Though it would seem to be a slam dunk to prove that Bulger and his gang had something to do with Rakes’s death, upon further investigation, it was found that Bulger had been poisoned by a business associate with no ties to the Bulger case. William Camuti was arrested in Boston for murdering Rakes by spiking his iced tea with potassium cyanide. The reason? Mr. Rakes owed Camuti a substantial amount of money due to business deals gone awry.

Perhaps Bulger’s widespread notoriety helped him escape blame for Rakes’s murder. Though Bulger was ultimately found guilty of 31 criminal counts, this particular murder was not among them. Camuti was crafty in his timing in that suspicion was immediately cast toward Bulger for obvious reasons. Had the murder not occurred in the scope of such a high-profile criminal case, it may have been easy for investigators to craft a case against Bulger.

Cases of misplaced guilt occur all too often that are based more on circumstances and a suspect’s criminal history rather than the actual evidence. For most people wrongly accused of a crime, the media is typically not present (at least not with such national saturation as in the Bulger case), and the overall interest level of the citizenry is low because there is a presumption among most law-abiding citizens that if someone has been accused of a crime, law enforcement is probably in the right, and the accused is probably guilty—especially when the accused already has a criminal record. Criminal attorneys fight this battle every day, waging battle on behalf of those who are too easily implicated and who have little in the way of resources to fight back.

About the Author: Andrew M. Weisberg is a criminal defense attorney in Chicago, Illinois. A former prosecutor in Cook County, Mr. Weisberg is a member of the Capital Litigation Trial Bar, an elite group of criminal attorneys who are certified by the Illinois Supreme Court to try death penalty cases. He is also a member of the Federal Trial Bar. Mr. Weisberg is a solo practitioner at the Law Offices of Andrew M. Weisberg.