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

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

Archive