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

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

Archive