defending murder charges.

MURDER CASE oVERVIEW

what is considered a murder charge

A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death:

1. He either intends to kill or do great bodily harm to that individual or another, or knows that such acts will cause death to that individual or another; or

2. He knows that such acts create a strong probability of death or great bodily harm to that individual or another; or

3. He is attempting or committing a forcible felony other than second degree murder.

Murder Charges

First Degree Murder is a Class X Felony.

Second Degree Murder: A person commits the offense of second degree murder when he commits the offense of first degree murder listed above and either of the following mitigating factors are present:

• At the time of the killing he is acting under a sudden and intense passion resulting from serious provocation by the individual killed or another whom the offender endeavors to kill, but he negligently or accidentally causes the death of the individual killed; or

• At the time of the killing he believes the circumstances to be such that, if they existed, would justify or exonerate the killing under the principles stated in Article 7 of this Code, but his belief is unreasonable.

• Serious provocation is conduct sufficient to excite an intense passion in a reasonable person.