Homicide Charge Lawyer in Chicago

If you or a loved one has been accused of homicide in Chicago, you are facing the most serious category of criminal charge under Illinois law. A conviction can mean decades in prison or even life, along with a permanent felony record that follows you everywhere. You need a defense attorney who understands how prosecutors build homicide cases and how to attack them from every angle.

At Kovacevic Law, we provide focused, aggressive representation in complex homicide cases throughout the Chicagoland area and Cook County. 

How Homicide Is Defined Under Illinois Law

Illinois law recognizes multiple types of homicide, and the exact charge you face will depend largely on your intent, conduct, and the circumstances surrounding the death. The most commonly charged offenses include:

• First-degree homicide (first-degree murder under 720 ILCS 5/9-1)
• Second-degree homicide (second-degree murder under 720 ILCS 5/9-2)
• Involuntary manslaughter and reckless homicide (often charged separately)

Understanding which charge you are facing is critical, because each carries very different potential penalties and defense strategies.

First-Degree Homicide in Illinois

First-degree homicide is the most serious form of unlawful killing in Illinois. Under 720 ILCS 5/9-1, first-degree murder (commonly referred to here as first-degree homicide) generally means:

• You intentionally caused the death of another person, or
• You knew your actions created a strong probability of death or great bodily harm, or
• Someone died while you were committing or attempting to commit a forcible felony, such as robbery, burglary, arson, aggravated battery, kidnapping, or sexual assault.

Importantly, under the felony murder rule, you can be charged with first-degree homicide even if you never intended to kill anyone. If a person dies during the commission of a qualifying felony, the law allows prosecutors to file first-degree homicide charges.

Second-Degree Homicide in Illinois

Second-degree homicide is essentially first-degree homicide with a recognized mitigating factor. The State still claims that you intentionally killed someone, but certain circumstances partially explain or reduce your level of blame.

Second-degree homicide may apply when:

• You acted under a sudden and intense passion caused by serious provocation, or
• You had an honest but unreasonable belief that deadly force was necessary (for example, in self-defense).

These circumstances do not excuse the killing, but they can significantly reduce the level of the offense and the potential sentence. In many cases, a key defense strategy is to argue down charges from first-degree homicide to second-degree.

Sentencing For Homicide in Chicago

First-Degree Homicide Sentences

A conviction for first-degree homicide carries extremely harsh penalties, including:

• 20 to 60 years in an Illinois state prison, and
  The possibility of life imprisonment when aggravating factors exist.

Aggravating factors can include:

• The victim was a peace officer, firefighter, or corrections officer
• The victim was under 12 years old
• The victim was over 60 and the act involved wanton cruelty
• The death occurred during a hijacking or another serious felony
• The homicide was carried out in a cold, calculated, premeditated way
• The victim was protected by an Order of Protection
• The victim was killed to prevent testimony or cooperation with law enforcement

When one or more of these factors apply, the prosecution may seek enhanced penalties, including life in prison.

Second-Degree Homicide Sentences

Under Illinois law, second-degree homicide is a Class 1 felony, punishable by:

• 4 to 20 years in state prison, and
• Possible probation in limited circumstances, depending on the facts and your criminal history.

Because the sentencing range is broad, a strong defense does not just target guilt or innocence it also focuses on mitigation, background, mental health, and circumstances to push the outcome toward the lower end of the range or seek alternatives where possible.