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Murder Charges in Chicago

Defining Murder in Illinois

The one and only capital offense under Illinois state law is the violent crime of murder. When someone kills another person with malice aforethought, knowing what they were doing and intending to do it, the penalty could be the death sentence or life in state prison. In many cases, parole is not offered for individuals who are convicted of premeditated murder. There are two types of murder that a person could be charged with committing. They are as:

  • First-degree murder (720 ILCS 5 / 9-1)
  • Second-degree murder (720 ILCS 5 / 9-2)

Murder in the first degree involves intent to kill or do great bodily harm knowing that such acts will cause death, or a strong probability thereof, as well as killing someone while attempting to commit a forcible felony (other than second-degree murder). First-degree murder also includes murder involving aggravated factors, such as killing a law enforcement officer or murdering more than one person.

Second-degree murder involves killing someone when acting under a "sudden and intense passion" due to serious provocation by the victim or another person. The most common example would be a spouse who walks in on their husband or wife in bed with someone else and kills the person out of passionate anger. Second-degree murder also includes killing someone out of an unreasonable belief that the circumstances would justify or exonerate the killing.

Aggressive Criminal Defense Attorney in Chicago

No matter what type of murder charges you're facing, the legal team at Smith Ortiz P.C. can help. We have a thorough understanding of the Illinois Compiled Statutes regarding homicide and its penalties, as well as its defenses. With our aggressive and capable defense, your charges could be dropped or your case dismissed. Even if the only outcome is a reduction of your charges, you could still face the lesser penalties for second-degree murder versus a life sentence for first-degree murder. Contact our firm today to have your case evaluated for free by a Chicago criminal defense attorney and learn how we can fight for you.