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

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

Archive