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

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

Archive