Homicide

Belleville attorney Lyndon P. Evanko, P.C. represents individuals charged with homicide in courts throughout southwestern Illinois, including Madison, Monroe, and St. Clair counties.  Homicide is defined as the killing of one human being by another, and includes the crime of murder, as well as some instances of killings which are not classified as crimes at all.

First DegreeMurder

In order to be convicted of first degree murder, the prosecution must prove that the killing was done without legal justification and committed with the intent to kill or do great bodily harm.  A death caused in the commission or attempted commission of a forcible felony (felony murder) can also be charged as first degree murder. 

The penalty for first degree murder is usually life in prison or life in prison without the possibility of parole.  If one of over twenty statutorily-enumerated aggravating factors is present, then a person convicted of first degree murder may be sentenced to death.  Aggravating factors include killing a police officer, committing murder for hire, to prevent a person from testifying, or in connection with an act of terrorism.

A murder trial takes place in two stages.  Once a person is convicted of first degree murder, a second stage, known as the sentencing phase, is entered.  Aggravating as well as mitigating factors are considered in determining the appropriate punishment; mitigating factors include a defendant with no significant prior criminal history, or a murder committed in a state of extreme mental or emotional disturbance.

Second Degree Murder

A killing that would otherwise qualify as first degree murder may be tried as second degree murder if the killing was done in the heat of passion or due to serious provocation, or if the person held the belief, although unreasonable, that the killing was justified.  Not only must the person have been actually provoked, but the provoking conduct must be something that would excite an intense passion in a reasonable person.

Involuntary Manslaughter and Reckless Homicide

An unintentional killing is considered involuntary manslaughter when the person acted recklessly as to the likelihood of death or great bodily harm.  If the defendant was driving a vehicle which becomes airborne due to an incline in a roadway, striking and killing someone, the offense is charged as reckless homicide.  The possible sentence upon conviction depends upon a variety of factors, including where the death occurred (school zone, construction zone) and who was killed (police officer, family member). 

If you have been charged with homicide, an experienced criminal defense lawyer can help determine the best strategy and approach to take in your case, including whether to enter into plea negotiations and accept a particular plea bargain, or take a case to trial, where the prosecution must prove every element of the crime beyond a reasonable doubt.  Contact Lyndon P. Evanko, P.C. today or call us at (618) 397-1997 to discuss your situation.