DGAA bLAWg

Palatine Punching Death Leads to Murder Charge

Web Admin - Wednesday, August 20, 2014

palatine criminal defense lawyerA recent death in Palatine, Illinois highlights the ease with which a person can find themselves charged with first degree murder. The incident in question relates to the punching death of a 26-year-old man on July 18th. According to police, another man confronted the victim out in front of a local bar. The assailant allegedly threw a single punch and knocked the victim to the ground. Upon falling, the victim struck his head on the sidewalk, and he was rushed to Lutheran General Hospital. The state initially charged the assailant with aggravated battery, but when the victim died, the charges were upgraded to first degree murder.

Understanding First Degree Murder

When people hear the charge of first degree murder they often focus on concepts like wantonness or premeditation, but in reality the requirements for first degree murder are much simpler. The Illinois criminal code states that a person commits first degree murder when they perform an act that causes a person’s death and they either intend to cause the person’s death or great bodily harm, or they know that their actions will cause the person’s death or great bodily harm, or they know that there is a high probability that their act will cause death or great bodily harm to another person. In this case, even the single punch thrown by the assailant could rise to the level of intent to cause great bodily harm.

However, simply having the intent to do great bodily harm does not necessarily, on its own, tell the full story. This is because the law also contains mitigating factors, circumstances that make the crime less serious because of their existence.

Possible Defenses

The law in Illinois codifies two specific circumstances that can reduce a first degree murder charge down to second degree murder. First, the charge can be reduced if the assailant, at the time of the killing, is “acting under a sudden and intense provocation” that was caused by the victim. Importantly, the provocation in such instances must be quite serious, and merely being insulted would not rise to the level of a mitigating factor. Instead, things like watching someone attack a loved one or being involved in a barroom brawl are often cited as possible scenarios that may count as provocation.

The other scenario that can result in a reduction to second degree murder is when a person commits first degree murder, but does so believing that they have a legal justification for doing so. For instance, if the person believes that they are acting in self-defense when they kill someone, but that belief is not reasonable, they still may have their first degree murder charge reduced to second degree murder.

If you or someone you love has been charged with a criminal offense, seek the help of an experienced Illinois criminal defense attorney today. Our firm can analyze your case, and help ensure that you and your interests are fairly represented in court. We represent clients in towns across the northwest suburbs including in Rolling Meadows, Schaumburg, and Palatine.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association.


Recent Posts


Tags

insurance claims DMV probate product liability Barrington boating accident attorney minimum wage estate tax Palatine employment attorney living trust benefits Chicago biking tips Barrington criminal defense lawyer insurance claim delay Deer Park criminal attorney personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Palatine construction attorney employment attorney deed transfer surgical mistakes digital evidence auto accidents advance healthcare directive Illinois employment laws uninsured motorist Crystal Lake personal injury lawyer head on collisions Arlington Heights employment law attorneys automated cars Illinois personal injury attorney Illinois bicycle safety FSLA landlord Arlington Heights personal injury attorney car crash injuries Liquor Control Act wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Illinois driving without license Illinois construction accident attorney insurance claim dispute attorney Deer Park employment law attorney pedestrian accidents Kenilworth estate planning attorneys Illinois injury lawyer Palatine elder law attorney license suspension Schaumburg estate planning attorney civil rights violation college kids Illinois lawyer workers comp Chicago estate planning Mount Prospect elder law attorney car accident lawyers Des Plaines real estate attorney Palatine criminal defense lawyer bicycle accidents Rolling Meadows traffic attorney employee misclassification Arlington Heights TBI attorney condo association Illinois rollover accident lawyers Rolling Meadows Forcible Entry Illinois traffic ticket lawyer Crystal Lake insurance lawyer Rolling Meadows corporate lawyer estate planning attorney murder insurance attorney pregnant women medical research Buffalo Grove real estate attorney Schaumburg corporate attorney blood alcohol content bicycle dooring accidents Illinois Smoke Detector Act Crystal Lake law firm coronavirus elder abuse severance agreements Arlington Heights estate planning attorney insurance claim denials suspended license Home Sale Contingencies real estate contract School Visitation Rights Act FMLA Illinois employment law attorney first degree murder Illinois insurance dispute lawyers Illinois medical malpractice case estate plan agent Attorney Ken Apicella Chicago attorney Illinois boating accident lawyer underfunded trust Des Plaines accident attorney drug possession Palatine probate lawyer boating DUI Illinois insurance claim dispute lawyers Crystal Lake injury attorney low-ball insurance settlement drug crime Schaumburg personal injury lawyer Fourth of July small business revenge porn overtime pay spinal cord injuries Rolling Meadows medical malpractice lawyers right to work Des Plaines collections attorney Illinois car accident attorney dog bites Illinois collections attorney Affordable Care Act DNR Rolling Meadows estate planning attorney estate attorney Rolling Meadows drug defense attorney Barrington personal injury lawyer breach of contract trucking accidents special needs trust Arlington Heights tax lawyer Illinois business law atorneys Illinois Arlington Heights employment attorney insurance disputes Schaumburg personal injury lawyers Illinois real estate lawyer digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Barrington estate planning attorney Buffalo Grove traffic attorney living trust vs will Barrington civil litigation attorney commercial leasing pedestrian injuries, pedestrian fatality traffic laws Illinois insurance attorney health insurance dispute Rolling Meadows Attorney Illinois insurance claims lawyers Rolling Meadows criminal attorney trusts estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Des Plaines criminal attorney rollover car crashes Rolling Meadows insurance lawyer Palatine employment lawyer wills accidental death benefits Illinois wills and trusts attorneys Employment Discrimination Law Des Plaines Traffic Lawyer insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys real estate zoning probate claims process Crystal Lake medical malpractice lawyer Illinois employee rights attorney. employment lawyer Chicago car accident lawyer IRA benefits Illinois LLC creation homestead rights Buffalo Grove car accident lawyer comp time Barrington workers compensation attorney Deer Park real estate law firm no contest clauses Deer Park DUI lawyer Detainer Actions Illinois living will Arlington Heights wills and trusts attorneys cell phone accidents hit and run accident Illinois traffic attorney employee rights employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, blended families trust payments marijuana Illinois probate lawyer Chicago insurance claim attorneys Crystal Lake medical malpractice attorneys Long Grove estate planning attorneys independent contractor trustee Barrington Illinois estate planning lawyer Barrington business law firm Barrington employment attorney residential real estate overtime violations preventable medical errors Schaumburg elder law lawyer foreclosed rental property life insurance Federal Food Drug and Cosmetic Act Buffalo Grove employment lawyer Arlington Heights wills and trusts lawyer pedestrian-automobile accident Rolling Meadows DUI lawyer work unions Illinois Probate Act of 1975 Arlington Heights accident attorney startup company commercial real estate Illinois Sales Representative Act Illinois workers compensation lawyer Crystal Lake bike accident lawyer corporate law rollover accidents Illinois Wage Payment and Collection Act wage theft Chicago employment attorney probate fees gift taxes Des Plaines medical malpractice attorney Illinois pedestrian accident attorney Crystal Lake civil litigation lawyer employees Rolling Meadows Traffic Lawyer Arlington Heights injury attorney Buffalo Grove law firm IRS mass shooting POA vacation home Schaumburg jet ski owner responsibility Illinois medical malpractice claim South Barrington real estate lawyer Schaumburg criminal attorney Rolling Meadows tax attorney TBI insurance agent negligence Illinois home inspection personal injury claims Crystal Lake medical malpractice law firm personal injury attorney medical malpractice compensation pedestrian accident Illinois real estate Inverness probate lawyer clemency landlord tenant law Crystal Lake car accident lawyer Schaumburg wrongful death attorney life insurance policy Schaumburg drug defense lawyer Palatine law firm Barrington litigation attorney employment law, Illinois employment laws Schaumburg employment law attorneys BAC foreclosure Chicago corporate attorney Illinois insurance lawyer breathalyzer test Colin Gilbert Inverness accident lawyer real estate attorney Crystal Lake business law attorneys Kenilworth estate planning attorney Des Plaines motorcycle accident attorney boating accidents texting while driving Illinois jet ski accident lawyer Palatine traffic accidents trucking accident lawyers Palatine punch death Schaumburg traffic lawyer Inverness corporate attorney estate planning for college students probate process Retaliatory Discharge Palatine trusts lawyer Illinois red light cameras Schaumburg Attorney civil litigation real estate leasing Crystal lake insurance dispute attorney Illinois mortgages Buffalo Grove injury lawyer life insurance lawyer medical malpractice Arlington Heights car crash attorneys meal breaks Illinois insurance claim dispute lawyer Palatine traffic lawyer jet ski accidents ObamaCare Illinois speeding lawyer home inspection lawyer Arlington Heights insurance attorney forming a corporation in Illinois insurance adjusters operating agreements compensatory time Mt Prospect Attorney defective products lawyer workplace sexual harassment sexual harassment traffic accidents car accidents distracted driving accidents Chicago employment lawyer Illinois insurance disputes capital gains tax Illinois tax attorney paid sick leave Inverness civil lawyer involuntary manslaughter Barrington estate planning lawyer PTSD spinal cord injury Illinois trucking safety Schaumburg estate planning lawyer Food and Drug Administration's Food Safety Modernization Act condo Palatine civil attorney Deer Park traffic lawyer Chicago will attorney, social media platforms, Illinois estate planning lawyer, Rolling Meadows insurance dispute lawyers personal injury accidents Inverness insurance attorney liability claims whistleblower protections Palatine workers compensation lawyer motorcycle accident insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys defective products Crystal Lake personal injury attorney insurance denials Super Mario Inverness real estate attorney probate lawyer nursing home negligence swimming pools traffic violations employment contract digital media accounts, estate planning, Arlington Heights estate planning attorney, Barrington personal injury attorney pizza emoji personal injury lawyer criminal record Illinois employment lawyer drugs Illinois medical malpractice lawyers slip and fall Arlington Heights real estate lawyer underinsured motorist traffic crimes car accident Long Grove wills and trusts attorneys hands free device denied insurance claim Rolling Meadows employment law attorney medical marijuana rest breaks Crystal Lake accident attorney pet law life insurance claims Schaumburg employment attorney Rolling Meadows real estate attorney personal injury law firm gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Illinois personal injury lawyers Illinois personal injury lawyer dram shop law new real estate form traffic offenses brain injury Des Plaines personal injury attorney civil litigation attorney DUI penalities workers compensation Schaumburg injury lawyer traumatic brain injury truck collisions Illinois estate planning attorney Long Grove real estate lawyer tax attorney filing a medical malpractice claim Illinois workplace discrimination attorney Buffalo Grove probate lawyer Jay Andrew Illinois Transfer on Death Instrument Arlington Heights car accident lawyer problem employees real estate Des Plaines real estate lawyer Rolling Meadows accident lawyer caretaker rights Chicago will attorney Mount Prospect real estate lawyer digital information Illinois registered agent healthcare motorcycle accident lawyer Long Grove estate planning Arlington Heights lawyer Illinois traffic laws murder defense Schaumburg criminal law attorney Deer Park personal injury lawyer Deer Park motorcycle accident lawyer Whistleblower Claims Barrington criminal lawyer Palatine injury attorney traffic violations defense Des Plaines job lawyers Palatine corporate law attorneys Do Not Resuscitate Inverness elder law lawyer Riverwoods estate planning lawyer cell phone tower data traffic tickets Chicago trucking accident attorney BUI Buffalo Grove medical malpractice lawyers construction contracts controlled substance Crystal Lake traffic attorney Illinois employment law income distribution deducation personal injury claim Arlington Heights pedestrian accidents Arlington Heights criminal lawyer Illinois trusts attorney Illinois insurance claim attorney Rolling Meadows marijuana attorney Illinois Trust Code Schaumburg construction accident lawyer Inverness real estate lawyer liability preventing accidents Buffalo Grove personal injury lawyer Long Grove estate planning attorney changes to mortgage law distracted driving accident victims Barrington employment law firm DUI defense employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys bad faith insurance claims anesthesia errors DGAA medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers unfunded trust Palatine employment law lawyer mortgage comparative negligence Illinois employment law attorneys speeding Thanksgiving IRA trust transfer appealing an insurance claim Crystal Lake will lawyer premises liability Deer Park traffic accident attorney probate claims trench injuries Crystal Lake car accident attorney boating under the influence DUI loss of consortium Illinois corporate lawyer ken apicella Family Medical Leave Act Des Plaines civil attorney Barrington injury attorney Inverness DUI lawyer field sobriety test Rolling Meadows probate lawyer Inverness personal injury attorney sexual images Rolling Meadows employment law attorneys criminal institutional trustee Des Plaines personal injury lawyers holiday statistics commercial leases wrongful termination llinois Real Estate Lawyers Association pet bites Schaumburg medical malpractice lawyer financial advisors Buffalo Grove traffic lawyers pain and suffering Illinois small business bike accident Illinois motorcycle accident lawyer Palatine insurance lawyer Illinois will lawyer insurance dispute investment property Barrington real estate lawyer Inverness estate planning lawyer Deer Park accident attorney power of attorney Kenilworth estate planning lawyer Buffalo Grove personal injury attorney Illinois wills and trusts manufacturing insurance claim dispute Inverness traffic law firm Colin H. Gilbert power of attorney for healthcare LLCs Arlington Heights personal injury lawyer elder law Joliet general practice lawyers hiring employees South Barrington real estate attorney Crystal Lake tax lawyer drunk driving statistics Illinois job attorney unauthorized overtime Rolling Meadows insurance attorney Rolling Meadows personal injury lawyers Palatine business attorney Arlington Heights wills and trusts lawyers Arlington Heights medical malpractice lawyer construction accidents Schaumburg personal injury attorney Palatine drug lawyer fault based insurance Des Plaines insurance attorney Chicago traffic lawyer ACA GM ignition switches Arlington Heights trucking lawyer sole proprietorship federal crimes Crystal Lake employment lawyer Illinois employment law firm Barrington employment law attorney Barrington medical malpractice lawyers Schaumburg insurance lawyers Illinois estate planning law firm Fair Labor Standards Act medical malpractice claims internet Palatine personal injury lawyer Rolling Meadows traffic law firm Illinois criminal defense attorney Crystal Lake estate planning lawyer Palatine Attorney Landlord Tenant Ordinance slip and fall accidents Crystal Lake pedestrian accident lawyer Illinois Human Rights Act car crash deadly crashes Rolling Meadows insurance dispute lawyers, insurance dispute Buffalo Grove insurance claim dispute lawyers Deer Park medical malpractice attorney Illinois DUI attorney Inverness injury lawyer Schaumburg probate attorney creditors Buffalo Grove corporate attorney caregiver business litigation personal injury Schaumburg civil litigation attorney Illinois civil litigation lawyer loopholes rumble strips consent to a search expungement DUI attorney crossover accidents Illinois Workers’ Compensation Commission drunk driving Illinois traffic attorneys living wills denied insurance claims marijuana crimes attorney attorney fees Des Plaines pet law attorney Barrington Traffic Lawyer Illinois law construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Illinois estate planning workers compensation benefits traumatic brain injuries license Class A misdemeanor Schaumburg real estate lawyer denial of life insurance car accident lawyer license reinstatement Chicago estate planning lawyer Palatine corporate attorney Rolling Meadows car accident lawyers Illinois medical malpractice attorney privacy BAIID Illinois personal injury Transfer on Death Instrument Rolling Meadows litigation lawyer installment contracts real estate attorneys Exclusions Des Plaines injury law firm modern family estate planning texting and driving wrongful death irrevocable trust IRELA child safety rent to own real estate contracts Des Plaines tax law firm Arlington Heights traffic attorney digital assets liens Home Remodeling Repair Act employee discrimination unpaid assessment vacation home fines pay when paid contract natural gas privacy laws social media after death estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Des Plaines claims law firm fiduciary rule delay traffic deaths Rolling Meadows business lawyer Arlington Heights wills and trusts attorney car crashes guardianship attorney Illinois elder law attorney insurance denial appeals Palatine civil litigation lawyer employment law Chicago insurance law firm subcontractor Mount Prospect wills and trusts lawyers senior citizens insurance claim Rolling Meadows criminal lawyer medication errors fiduciary rule Palatine real estate lawyer real estate lawyer Chicago lawyer drug crimes contracts fatal car accidents criminal law insurance dispute attorney living trust trauma after an accident Des Plaines drug lawyer estate planning eluding a police officer estate planning lawyer back injuries Illinois pet lawyer Barrington attorney Crystal Lake employment attorney Des Plaines DUI attorney unpaid overtime underage DUI Rolling Meadows personal injury attorney Illinois workplace lawyer Policy Cancellation Illinois attorney Barrington drug crime attorney Crystal Lake pet attorney Long Grove real estate attorney food poisoning natural gas explosion insurance claim denial CAM criminal defense Crystal Lake criminal defense attorney Buffalo Grove criminal defense lawyer car collision drug crimes lawyer healthcare claims reckless homicide golf accidents Illinois traffic accident lawyer Schaumburg car accident attorney Illinois wrongful termination lawyer Rolling Meadows boating crash lawyer disability benefits federal regulations for LLCs estate planning trusts Palatine estate planning lawyer Arlington Heights Attorney Rolling Meadows employment attorney products liability Illinois defective products attorney Rolling Meadows personal injury lawyer insurance agents cell phone real estate closing wills and trusts Illinois workers compensation attorney in terrorem provision Self-Directed IRA Accounts driving taxes murder charges Des Plaines personal injury lawyer Legal Info Illinois business lawyer insurance negligence Schaumburg estate attorney Arlington Heights Traffic Lawyer Crystal Lake traffic lawyer dynasty trusts icy parking lots dealing with problem employees Illinois employment attorneys Deer Park workers compensation lawyer license revocation Crystal Lake employment law attorney Des Plaines drug crimes lawyer

Archive