Murder - Law Offices of Andrew M. Weisberg

From Chicago Drive-bys to Breaking Up Fights — 9 Murders in Two Weeks

Law Offices of Andrew M. Weisberg — Tue, 02 Mar 2021 20:21:01 GMT

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 Just Had Its Most Violent Day in 60 Years

Law Offices of Andrew M. Weisberg — Fri, 03 Jul 2020 15:31:21 GMT

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.

Murder or Manslaughter — What’s the Difference in Illinois?

Law Offices of Andrew M. Weisberg — Thu, 23 May 2019 19:54:20 GMT

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.

Chicago Homicides Are Only Down In Some Neighborhoods

Law Offices of Andrew M. Weisberg — Mon, 01 Dec 2014 22:52:29 GMT

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.