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


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