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


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