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

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

Archive