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

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

Archive