FIRST DEGREE MURDER

Aggravating factors to the crime of murder elevating it to first degree murder from second degree murder including the following can result in the death penalty or life in prison if you are found guilty and are over eighteen. These are:

•  if the person you killed was a peace officer (e.g., a police officer or sheriff or their deputy) or the person was a fireman and you killed them while they were in the course of performing their official duties or, if you killed them to prevent them from performing these duties, or if you killed them in retaliation for performing those duties, and you knew or should have known that they were a peace officer or fireman, or,
• if the person you killed was an employee in the Department of Corrections (prison), or in a similar local correctional facility and you killed them while they were performing their duties, to prevent them from performing those duties official duties, or if you killed them to retaliate for performing their duties, or if they were an inmate at the correctional facility and you killed on the grounds of that facility, or if the person you killed was there in the facility institution or facility with the knowledge and approval of the head administrator, or
•  if you have already been convicted of murdering someone in Illinois or any other state and you are convicted of murder again or you kill two or more people in the same act or time frame, or
• If you kill someone while hijacking an airplane, a train, a ship, a bus, or some other public vehicle, or
• you kill someone while under any contract, agreement, or understanding that you will be paid for killing someone or you hire someone else to kill someone for pay (you act as a hitman or hire a hitman who then kills someone, or
• if you actually kill someone while committing another violent felony, or 
• if while committing a violent felony you injure them and others acting with you also injure them so that they die as a result (for example, you are part of a group beating or hurting someone and they die as a result of the injuries you inflicted on them together) and you knew there was a strong probability they would die as a result, or
• if they were under 12 years of age and they died as a result of brutal behavior showing wanton cruelty, or 
• if you kill someone intending to stop them from testifying, being questioned, or participating in or assisting in a criminal investigation or prosecution against you or you killed them in order to prevent them for being questioned or helping in another investigation either against you or someone else. This includes jurors, attorneys involved, judges, witnesses, and investigators, or 
• if you kill someone while planning or committing a drug crime or advised or encouraged someone committing a drug offense to kill someone, or 
• if while you are incarcerated and are carrying out or planning another felony you kill someone or advise or encourage someone else to kill them, or
• if you kill someone in a cold, calculating and premeditated way that demonstrates a plan to kill them or to do something with a high probability of killing them, or 
• if your victim was an emergency medical worker, paramedic, or ambulance worker, and you killed them while they were performing their official duties, and did so to prevent them for performing such duties official duties or to retaliate for their performing their duties, or in retaliation for performing his official duties, and you knew or should have known that they were in fact such an emergency worker, or 
• if you were leading a drug gang, defined as a calculated criminal drug conspiracy and you encouraged or ordered or the killing of someone in relation to your drug activities, or 
• if you murder someone while torturing them defined as causing great physical pain and intending to cause that pain and suffering, motivated by an intent to increase or prolong the pain, suffering or agony of the victim, or 
• if you murder someone by intentionally shooting a firearm from a vehicle at someone outside (also known as a “drive by”), or
• if the victim was at least sixty years old their death indicated wanton cruelty by you, or
• if the victim was someone with a disability (defined as a “permanent physical or mental impairment resulting from disease, an injury, a functional disorder, or a congenital condition” that makes them unable to care for themself and you knew or should have known they had such a disability, or
• if the victim was a police community volunteer and you killed them because they were performing such activity or intended to stop them from performing that activity, or 
• if the victim was subject to an order of protection issued under the Illinois Domestic Violence Act and naming you as the person to say away from them, or 
• if the victim was a teacher or school employee, and you knew that or should have known that, and killed them in or on the grounds of the school, or 
• if you kill someone as part of committing terrorism as defined in Section 29D-14.9 of this Code, or 
• if you kill someone in a church or other religious congregation while they are praying or carrying out religious activities 

Aggravating factors to the crime of first-degree murder including the following can result in life imprisonment if you are found guilty and are over eighteen:

• you kill a physician, nurse, or other medical assistant while they are performing their job duties or to prevent them from doing so and should have known they were such a medical worker.

Mitigating factors for the crime of first-degree murder:

• you have no significant history of criminal activity before the crime, or 
• if you commit murder while undergoing mental or emotional disturbance without that being sufficient to constitute an insanity defense against being found guilty, or 
• if your victim participated in your homicidal conduct or they consented to the homicidal act (e.g., a mercy killing ax an example), or 
• you were acting under the compulsion of experiencing a threat of the imminent infliction of death or great bodily harm from the victim (the self-defense defense), or 
• if you were not personally present during the commission of the act or acts causing the victim’s death, or
• if you have a background history of extreme emotional or physical abuse, or 
• if you suffer from a reduced mental capacity.

The above mitigating factors do not apply if the killing occurred because you discovered or suspected their sexual orientation under the Illinois Human Rights Act.

• The court may order a separate sentencing hearing to determine whether the aggravating or mitigating factors listed above were present and are applicable to sentencing. This separate hearing must be conducted in front of the jury that determined your guilt or by another jury if a judge found you guilty if you pleaded guilty or if the jury finding you guilty was dismissed. You can waive the right to such a jury hearing and have the judge alone decide on aggravating or mitigating factors.

How we can defend you against a first-degree murder charge 

• The first step would be to argue that either the alleged above listed aggravating factor or factors elevating the charge to first degree murder were not present, or that the above listed mitigating factors were present. For the former we might say you did not and should not have known that they were an official performing their official duties. 
• We might show you were not committing another violent felony if that is applicable as an alleged aggravating factor (perhaps show that someone else was committing it). 
• If you fired from a vehicle, we might introduce reasonable doubt that the shot came from that car or from you. 
• If you were alleged hired as a contract killer or tried to hire one, then we might be able to successfully contend that did not happen by providing some other explanation. Mitigating factors such as self-defense against the victim or that you were under extreme psychological duress from a personal history of traumatic abuse can also be successfully argued.
• We can use mitigating circumstances to lessen your culpability.
• We can argue these defenses by casting doubt on the reliability of witness testimony. 
• We can dispute the facts and testimony of witnesses for this charge by filing “motions to suppress” unreliable, improperly obtained, or other questionable evidence or testimony (especially if you were improperly questioned or were not made aware of your rights). 
• If it is ruled admissible by the judge, we can argue at trial that the evidence or testimony is incorrect or fabricated against you and therefore should give the jurors a reasonable doubt. 

This is where having an experienced attorney to represent you and negotiate and speak for you can save years of your life and tens of thousands of fines and/or foregone income. It is worth it, and you deserve a good defense.

Other lawyers so often talk of how they will “aggressively fight for you.” They are doing nothing more than basically quoting from the American Bar Association’s Rules of Professional Conduct about the principle of a “lawyer's obligation zealously to protect and pursue a client's legitimate interests, within the bounds of the law.” When you hire Phillip Haddad as your criminal defense attorney in Chicago or elsewhere in its suburban area, he will not only do his professional duty to zealously represent you but will get you the justice you deserve. His extensive experience in criminal defense will help you avoid conviction or else minimize the penalties. Call criminal defense attorney Phillip Haddad at 708-833-3505 as soon as possible if you are in legal trouble.