Marcus L. Schantz
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HOMICIDES

Homicides, or murders, are the most serious crimes. In Illinois there are four common crimes charged for actions that result in the death of another person.

First-degree murder is defined as intentionally killing another person, or engaging in conduct, which knowingly creates a strong possibility of death or great bodily harm. First-degree murder is punishable from 20 to 60 years in the Illinois Department of Corrections.

Several years or even the death penalty may be added to the sentence if certain aggravating factors are present, such as the victim being a police officer, firefighter, under the age of 12 or over the age of 60. An additional 25 years may be added if a firearm caused the death. This is not a complete list of aggravating factors.

There is one more type of first-degree murder and it is known as “felony murder”. If a person dies while the offender is committing any other forcible felony, other than second-degree murder, they can be charged with the first-degree murder of the victim. An example is: while attempting to commit armed robbery, the victim turns to run away and is hit by a bus and dies. In this example, the offender could be charged with first-degree murder.

Second-degree murder is first-degree murder, but with mitigating factors present, such as: acting under sudden and intense passion that was caused by the victim or having the unreasonable belief killing the victim is justified, as in self-defense. Second-degree murder is punished as a Class 1 felony or 4 to 15 years in the Illinois Department of Corrections.

Involuntary manslaughter occurs when someone is killed but there was no intent to cause the death. An example would be picking up a firearm that accidentally discharges and kills someone. Involuntary manslaughter is a Class 3 felony, but the felony class can be raised if the victim was a family member, for example.

Reckless homicide is causing the death of another without intent while operating a motor vehicle. Reckless homicide is also a Class 3 felony, but can be more serious if for instance the driver was intoxicated or the victim was in a school or road construction zone.

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