Call today to discuss your case
(815) 927-9005
Will County Office
24/7 Availability

Second-Degree Murder | Will County Criminal Defense Attorneys

Tell Your Side of the STory
Overview of Second Degree Murder in Illinois. Second degree murder is technically defined as first degree murder with mitigating factors. In other words, the crime involves killing a person, but the charge is lessened when the circumstances make the act less egregious...

Second-Degree Murder | Will County Criminal Defense Attorneys

experienced Criminal defense in the Will County, Il area

Second Degree Murder Charges in Will County

Overview of Second Degree Murder in Illinois

Second degree murder is technically defined as first degree murder with mitigating factors. In other words, the crime involves killing a person, but the charge is lessened when the circumstances make the act less egregious. For example, if an individual kills another in a moment of sudden and intense passion (as opposed to a premeditated plan), then the charge will be second degree murder. Similarly, if it can be demonstrated in court that the defendant truly believed his or her actions would be justifiable, even though in reality they were not, then a first degree murder charge can be changed to second degree murder. Clearly, these are serious charges and it is important that you contact an experienced Will County criminal defense attorney immediately.

The official legal definition can be found under Illinois law 720 ILCS 5/9-2

It is important to understand where the burdens of proof lie. It is the prosecutor’s responsibility to demonstrate beyond reasonable doubt that the case meets all the requirements for first degree murder. If this is not possible, the case will be dropped. However, in the case that this is possible, the burden of proof then lies on the defendant to prove that one or more mitigating factors were present and that the charge should therefore be lessened to second degree murder, involuntary manslaughter, or reckless homicide.

Penalties and Sentences for Second Degree Murder in Illinois

The death penalty has been eliminated in the state of Illinois. Second degree murder is a Class 1 felony, which typically carries 4-15 years in prison. However, second degree murder convictions can result in up to 20 years in prison. Unlike first degree murder, there is a possible alternative for 4 years of probation.

In addition to a prison sentence, a conviction may require a fine up to $25,000. After the prison sentence is completed, there will be a mandatory 2 year parole period.

The difference between a 20 year prison sentence plus $25,000 in fines and 4 years of court supervision is clearly a great one. To help ensure that your future receives the best possible outcome, it is important that you contact our law offices immediately, while the memory of the altercation is still fresh in your memory, to provide yourself with the best possible defense.

Aggressive Criminal Defense Lawyer for Murder Charges  in Will County

There are a number of defenses a defendant can use in court. Among the most common are intoxication, lack of intent, lack of knowledge, insanity, and self-defense. The details of every case are different, and the only way to know whether a defense is applicable to your case is to consult with a qualified attorney. Some of these defenses can result in the charge being dropped entirely, while other can lessen the charge to involuntary manslaughter.

Call for a Consultation with a Experienced Criminal Defense Lawyer in Will County

Michael Schmiege runs a boutique firm of nationally recognized criminal defense lawyers for Will County, including the cities of Joliet, Bolingbrook, Plainfield, Romeoville, Lockport, and New Lenox. Give your future the best chance with our highly skilled defense strategies and understanding of prosecutor tactics. Aggressive, skilled legal counsel is always your best chance for a favorable outcome when your future is in jeopardy. Contact us immediately to ensure you have strong legal representation for drug charges in Will County.

best felony defense lawyer in chicaco

What our clients say about our criminal defense legal services

We appreciate the opportunity to help you get the benefits you deserve

best criminal defense lawyer chicago

He understood that I made a mistake but it didn’t define who I was...

"I am so appreciative of the help and support that I received from Michael and his team members! They truly helped me figure out my case and I got outstanding results. If anyone can help you get great results, it’s Michael. I had an immigration issue as well and he worked with my immigration lawyer to help find the best solution. He understood that I made a mistake but it didn’t define who I was. I definitely don’t want to go through any of this again but I’m glad that I had the support to get through this."

M. Peterson
best criminal defense lawyer chicago

Never over-promises, but definitely delivered more than we had hoped for.

"Michael Schmiege is an excellent attorney. He is honest, diligent and gets great results. If you find yourself in need of a lawyer, he is great at what he does. Never over-promises, but definitely delivered more than we had hoped for. His team will help you all the way. Answers all your questions promptly and clearly states what to expect. I highly recommend Michael and his team. They CAN and will help!"

C. Underwood
best criminal defense lawyer chicago

Michael Schmiege represented me on my Theft charge and I was found not guilty!

"Mr. Schmiege is well respected by the court because he is a very honest man. He was very kind and respectful to me. His fees were reasonable. His office is very easy to find, and his staff is very helpful."

A.F.

Our criminal defense practice areas

contact our attorneys with any questions you may Have. We can defend most any criminal charges in the chicago area.

More Criminal Defense Practice Areas
Copyright 2019 The Law Offices of Michael P. Schmiege. All Rights Reserved. | Site Design by Law Firm Innovations