Illinois Law
Illinois Felony & Misdemeanor Defense
- Felony & Misdemeanor Defense
Felony & Misdemeanor Defense
Crimes Causing Harm to Persons
Homicide and Suicide
Homicide is the unlawful killing of another human being. There are several types of homicide: murder, manslaughter, and reckless homicide. All forms of homicide are felonies.Murder is the unlawful killing of another with intent to kill. Murder is divided into subcategories by degree of seriousness. First degree murder is killing someone with intent to kill or to cause great bodily harm, or knowing that one's actions will cause death or create a strong probability of death or great bodily harm. First degree murder also includes unlawful killing during the commission of a forcible felony. Second degree murder is similar to first degree murder, except at the time of the killing the offender has the unreasonable belief that the killing is justified, or the offender is acting under an intense and sudden passion resulting from being provoked.
Manslaughter and reckless homicide differ from murder because these crimes do not require proof of intent. Under Illinois law, involuntary manslaughter is unintentionally killing another person while engaged in an action that is likely to cause death or great bodily harm if the action is done recklessly. However, if the cause of death is by a person recklessly driving a motor vehicle, the crime is called reckless homicide.
Suicide is taking one's own life. Suicide and attempted suicide no longer are crimes in Illinois. However, it is a crime to induce another to commit suicide.
Assault and Battery
Under Illinois law, assault and battery are separate crimes. Assault is defined as an act that makes another person have reasonable apprehension of battery. Battery means intentionally or knowingly and without legal justification causing bodily harm to another person, or making an insulting or provoking physical contact with a person. Examples of aggravated assault are assault with a mask or a weapon, or assault against a person the offender knows is a government employee, a person with a disability, a police officer, or a senior citizen. Aggravated battery is a battery committed under the same particular circumstances as aggravated assault. Other laws make battery of particular people, such as family members, criminal acts. These laws include domestic battery, battery or aggravated battery of an unborn child, aggravated battery of a child or institutionalized mentally retarded person, and aggravated battery of a senior citizen. A separate statute makes transmission of HIV a crime if the person knows he or she is infected with HIV and contaminates another person through sexual contact, donation of blood or other body fluids, or sells or shares drug paraphernalia.Rape
Criminal sexual assault, also known as rape, is a felony that carries with it severe penalties. Criminal sexual assault is sexual penetration by force or threat of force, without consent of the victim, or against a minor. Aggravated criminal sexual assault is criminal sexual assault when one of the following occurs:- A dangerous weapon is used or displayed
- The offender causes bodily harm
- The rape occurs during the course of another felony
- The victim is over 60 years of age
- The victim has a physical disability
- The victim is under nine years of age
- The victim is institutionalized and severely mentally retarded
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