Full question:
I had a sister that was killed during a attempted robbery it is alleged that she was involved in the robbery attempt. She was killed during that attempt and I was told that the victim of the robbery got a hold of the gun after my sister shot herself in the hand and tried to flee the scene, the victim of the robbery chased her down and shot her. Is that murder or justifiable homicide in the eyes of the law?
- Category: Criminal
- Date:
- State: Illinois
Answer:
In Illinois, the law distinguishes between different types of homicide based on the circumstances surrounding a death. The relevant statutes include:
First Degree Murder (720 ILCS 5/9-1): This occurs when a person intentionally kills someone without lawful justification. It can involve intending to kill or cause great bodily harm, knowing that their actions will likely cause death, or committing a forcible felony. First Degree Murder carries severe penalties, including a minimum of twenty years in prison and potentially life imprisonment.
Second Degree Murder (720 ILCS 5/9-2): This applies when a person commits First Degree Murder but has mitigating factors, such as acting under sudden passion or having an unreasonable belief that their actions were justified. This is a Class 1 Felony, punishable by four to twenty years in prison.
Reckless Homicide (720 ILCS 5/9-3(a)): This occurs when a person kills someone through reckless actions. It is a Class 3 Felony, punishable by two to five years in prison, but can be elevated to a Class 2 Felony under certain aggravating circumstances.
Involuntary Manslaughter (720 ILCS 5/9-3(a)): This involves unintentionally causing a death through reckless actions. It is also a Class 3 Felony, with similar penalties as Reckless Homicide.
The determination of whether your sister's death is classified as murder or justifiable homicide depends on the specific facts of the case, including her actions and the circumstances leading to her death. Legal interpretation can vary, so consulting with a legal professional for personalized advice is recommended.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.