SECOND DEGREE MURDER

Definition:

• The definition here is basically the same as for first degree murder, that you intentionally cause death to another human being. The difference is that one of two mitigating factors is present.
• First, it was the case that either the individual you killed seriously provoked you so as to cause a sudden and powerful emotional state, and in trying to kill that person you caused their death of or the death of another person by accident.
• The second possible mitigating factor is that you believed that one of those factors listed in Article 7 of the Illinois Code making the killing justifiable was present without that factor actually being present. 
•  Article 7 provides that you may use force against another who is unlawfully using force against you or another. If your use of force to defend yourself or another is likely to cause death or great bodily harm, that is permissible only if you reasonable believed such a level of force was necessarily to prevent death or great bodily harm to yourself or another. 
•  You can use such a great amount of force to prevent someone from entering your dwelling only if they are attempting to enter it in “a violent, riotous, or tumultuous manner” such that you are reasonably expecting death or great bodily harm to yourself or another or you expect them to commit a felony once they are in the dwelling. 
•  You can defend your other property or that of your family with such a high level of force only if they are committing a forcible felony. Forcible felonies include “treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, aggravated kidnaping, kidnaping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement and any other felony which involves the use or threat of physical force or violence against any individual.”

 There are a number of exceptions to the rule of when you are allowed to use such a high level of force having to do with whether your actions in the situation fit the definition of an aggressor.: 

•  If you are trying to commit or are committing a forcible felony or are trying to escape after committing such a felony yourself, or are escaping after the commission of that forcible felony, you cannot use this defense because that makes you an aggressor under the law, or
• if you initially provoked the use of force against yourself meaning to use that as an excuse to do bodily harm against the person you provoked, or you provoked the use of force against yourself in some other way, that also makes you an aggressor under the law, or 
• if you provoked the use of force against yourself in the first place and your response killed the person you provoked, you must show you had reasonable fear of death or great bodily harm and that you used force to defend yourself only after you had exhausted every other way of escaping or defusing the situation. 
• If you withdraw from fighting and tell the other person you want to end the fight and they continue to attack you in such a way as to put you in reasonable fear of death or great bodily harm, then your use of force to defend yourself after that can be used to justify a charge of second degree murder here instead of first degree murder (even if you provoked the fight in the first place).

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

•  We can contend you were not committing or escaping from a felony if that is what the prosecution alleges one case of not being an aggressor). 
•  We can argue that you did indeed have reason to fear for your life or safety from unlawful force used by another person against you under Article 7. 
•  If it is alleged you provoked force or the threat of force against you (thereby also making you also an aggressor), we can argue that was not the case).
•  We can question or undermine 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 wrong or is 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.