Homocides, Murder, Manslaughter

In Illinois there are various degrees of Murder, including first and second degree murder, and related offenses such as involuntary manslaughter, reckless homicide, drug induced homicide and concealment of a homicidal death.

To obtain a murder conviction, the State must prove beyond a reasonable doubt that defendant’s actions caused the victim’s death. However it does NOT need to prove that that defendant specifically intended to kill another or that the defendant’s acts were the only cause of death. The State only needs to prove that the defendant intentionally committed an act creating a strong probability of great harm and that act resulted in death. Therefore, a defendant can be found guilty of murder when his criminal act set in motion a chain of events which resulted in death.

A common misconception is that motive is an element of murder in Illinois. However, motive is in fact not an element of the crime. The State needs to prove an intentional act but not an actual intent to kill another. Motive is still something law enforcement and the prosecution want to establish for the jury or judge because by establishing that the defendant had a motive, the State supports its position that the defendant did in fact kill the victim. For this reason, people who law enforcement consider to have a motive for the killing become targets of their investigation. If the police wish to speak with you as part of their investigation into a murder you should not speak to law enforcement without first speaking with an experienced attorney. You may think you can rationalize with law enforcement and that by speaking with them you can clear your name but too often this is just not the case. To read more about the risks associated with speaking to law enforcement without the benefit of having at least first consulted with an attorney click here.

Contact the law offices of Motta & Motta, L.L.P. and an attorney will answer your questions. You can call or email us for a FREE case opinion.

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