The penalty for first-degree murder carries the highest sentence for a single crime in the state of Illinois. It is also one of the many crimes that is subject to Illinois’ mandatory minimum statute, meaning that 20 years in prison is practically guaranteed to a convicted first degree murderer. If a gun is used in the murder, then the mandatory minimum jumps to 45 years as a result of penalty enhancements for gun crimes.
Like all crimes though, murder is subject to defenses. One such defense is self -defense. If an attacker uses deadly force against a victim, and that victim reasonably believes that he is in danger of death or great bodily harm, the victim may defend himself. If the attacker dies from the wounds inflicted by the victim, the victim can plead self-defense to avoid a murder conviction.
The defense of self-defense is not available, however, to those charged with felony murder. A criminal commits felony murder when, in the process of committing a “forcible felony,” someone dies due to the actions of the criminal. In Illinois, there is a list of forcible felonies, which includes “any…felony which involves the use or threat of physical force or violence against any individual.”
An example: if, during a bank robbery, one of the robbers shoves someone to the ground so forcefully as to fatally injure them, that robber has committed felony murder. The cause of the death does not have to be so straightforward. The death only needs to be a foreseeable consequence of the crime. In the bank robbery scenario, if a guard fires at the robber, but misses and kills an innocent bystander, the robber can still be charged with felony murder.
Why Self-Defense is Unavailable
The law always tries to serve public policy. By allowing self-defense as a defense to murder, the state of Illinois allows its citizens to protect themselves against those who would attack them while unprovoked. The public policy served by the felony murder law is to discourage people from committing violent felonies. Allowing felons to use self-defense as a defense would undercut that public policy.
Further, self-defense is never available to those who instigate the confrontation, even outside the felony murder analysis. By committing a violent felony, the criminal has instigated the violence that led to a victim’s death. Therefore, the defense of self-defense is not available.
Why You Need an Attorney
If someone is charged with felony murder, there are options available, even if self-defense is not one of them. In order to be convicted of first degree murder, you must have had the intent to kill. In order to be convicted of felony murder, you must have had the intent to commit the underlying felony, whether you intended to kill or not. If you lacked the intent to commit the underlying felony, you cannot be convicted of felony murder.
Contact an Illinois Criminal Defense Attorney
Murder is arguably the most serious criminal charge in Illinois. If you are arrested for murder, you need an experienced Chicago criminal defense lawyer to attack the evidence, discredit the witnesses, and guide you through trial. If you have been arrested, contact the Law Offices of Thomas Glasgow, Ltd. today.