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


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