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720 ILCS 5/9-2

Second Degree Murder

 

  • Class 1 Felony
  • 4-15 years in prison
  • Fine up to $25,000
  • Call for more details

 

Understanding Second Degree Murder in Illinois

Second degree murder is a serious criminal offense in Illinois that involves the intentional killing of another person, but under circumstances that may lessen the severity compared to first degree murder. This charge is often applied in situations where the killing was intentional but occurred in the “heat of passion” or where the defendant believed they were acting in self-defense, but that belief was unreasonable. A conviction for second degree murder can result in significant legal penalties, including lengthy prison sentences and a permanent criminal record.

 

What Constitutes Second Degree Murder in Illinois?

Under Illinois law, second degree murder is defined in the Illinois Compiled Statutes (ILCS) under 720 ILCS 5/9-2. The offense occurs when an individual commits first degree murder, but:

  • Acts Under a Sudden and Intense Passion: The killing occurs in the heat of passion, resulting from serious provocation by the victim, which would cause a reasonable person to lose self-control.
  • Acts Under an Unreasonable Belief of Self-Defense: The defendant believes they are acting in self-defense, but that belief is unreasonable under the circumstances.

Examples of Second Degree Murder Under Illinois Law

Here are specific examples of what could constitute second degree murder under Illinois law:

  • Killing in the Heat of Passion
    • Statute: 720 ILCS 5/9-2(a)(1)
    • Description: An individual kills another person immediately after being seriously provoked, such as during a heated argument or confrontation, leading to an impulsive, violent reaction.
  • Killing Under an Unreasonable Belief of Self-Defense
    • Statute: 720 ILCS 5/9-2(a)(2)
    • Description: A person kills someone under the mistaken belief that they needed to defend themselves, but the threat was not as imminent or serious as perceived.

Penalties for Second Degree Murder in Illinois

The penalties for second degree murder in Illinois are severe, though they are less harsh than those for first degree murder. Potential penalties include:

  • Class 1 Felony:
    • 4 to 20 years in prison
    • Fines of up to $25,000
    • In some cases, probation may be an option, depending on the circumstances

In addition to these legal penalties, a conviction for second degree murder will result in a permanent criminal record, affecting many aspects of the individual’s future, including employment opportunities, housing, and more.

 

Why Choosing Andrew M. Weisberg is Essential for Your Defense

Facing charges of second degree murder is a grave matter that requires a skilled and experienced defense attorney. Here’s why Andrew M. Weisberg is the defense attorney you need:

  • In-Depth Knowledge of Illinois Homicide Laws: Andrew M. Weisberg has extensive experience with Illinois laws related to homicide, including both first and second degree murder. His background as a former Cook County prosecutor gives him unique insights into how these cases are prosecuted, enabling him to craft strong defense strategies.
  • Strategic and Personalized Defense: Mr. Weisberg thoroughly examines the details of your case, identifying any potential mitigating factors or weaknesses in the prosecution’s evidence. He tailors his defense strategy to your specific situation, aiming for the best possible outcome.
  • Aggressive Courtroom Advocacy: Known for his assertive courtroom presence, Mr. Weisberg is committed to vigorously defending your rights, whether through negotiating a reduction in charges or presenting a compelling defense at trial.
  • Compassionate and Confidential Support: Understanding the emotional toll that comes with facing serious charges, Mr. Weisberg provides not only expert legal representation but also compassionate and confidential support throughout the legal process. He ensures that you and your loved ones are fully informed and supported every step of the way.

Contact Andrew M. Weisberg for a free consultation to discuss your second degree murder case and learn how he can help protect your rights and fight for the best possible outcome.