Many people are surprised to find how wide-ranging the definitions of homicidal charges can be in the state of Illinois.
For example, if an individual uses a controlled substance to successfully commit murder, then that individual is, of course, liable to Class X felony charges. However, any individuals who procured and/or delivered that controlled substance to the individual who committed the murder are also liable Class X felony charges for drug-induced homicide. The penalty carries a minimum of 15 years in prison, simply for the act of passing on a controlled substance that was used to commit murder.
Another example is the concealment of a homicidal death. Any individual, whether they have committed homicide or not, that attempts to cover up the crime is liable to Class 3 felony charges.
As a final note, Illinois is one of the 19 states that have abolished capital punishment. Anyone convicted of first-degree murder or any other crime is not liable to the death penalty in Illinois.
Of all the legal terms presented, “homicide” is the most general. It means the killing of one person by another, no matter whether it was on purpose, on accident, premeditated, or a crime of passion.
Murder and manslaughter are two different types of homicidal charges. In other words, these are two different kinds of crimes you can commit. Murder is the intentional taking of someone’s life, while manslaughter is unintentional.
Apart from the murder/manslaughter distinction, homicides can also be classified according to the kinds of rulings they can generate. When an individual has been charged with any kind of homicide and it is demonstrated that the defendant has indeed committed the homicide, then the court of law must decide what kind of ruling to give. In the state of Illinois, it can be one of two types: criminal or excusable/justifiable.
In order to understand the difference, the key concept to grasp is criminal intent. If the person who committed the homicide was acting out of self-defense or the defense of another, then that person has committed a justifiable/excusable homicide. There was no criminal intent. That means no crime has been committed, and the charges will be dropped, given that this has been adequately demonstrated in court – therefore it is imperative that you contact a qualified Will County criminal defense attorney.
Criminal intent is often defined by the inclusion of “malice” during the homicide. Murder in particular is defined as the unlawful killing of another human being with malice. There are four different ways that malice can be shown. The prosecutor must demonstrate one of these indications of malice for a successful murder charge: the intent to kill, the intent to inflict great bodily injury, reckless indifference to an unjustifiably high risk to human life, and the intent to commit a felony.
Clearly, as homicide charges and especially charges of first-degree murder, are among the most serious criminal acts a person can commit in the state of Illinois. Accordingly, it is imperative that you immediately seek out the help of a qualified and experienced Will County criminal lawyer legal professional without hesitation.
Will County criminal attorney Michael Schmiege, represent clients who have been charged with the following crimes:
Concealment of Homicidal Death
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