Felony

First-degree murder carries the highest sentence of any single crime in all of Illinois and is subject to the mandatory minimum statute. This means that those convicted are almost guaranteed at least a 20-year prison term, and if a gun is used the mandatory minimum jumps to 45 years. Felony murder is a one type of first-degree murder.

If someone dies during the commission of a forcible felony, those committing the felony can be charged with first-degree murder. You can be charged with felony murder even if the person died accidentally or was killed by someone else, as long as a forcible felony was being committed at the time. Illinois prosecutors have even successfully brought felony murder charges in situations where a co-felon was killed by the police. A forcible felony is defined as sexual assault, robbery, burglary, arson, kidnapping, aggravated battery, and any other felony that involve the use of or threat of physical force or violence.

Self-Defense Claims are Unavailable

The Illinois Supreme Court has ruled in People v. Aguilar, 2013 IL 112116 that Illinois’ gun statute (UUW) 720 ILCS 5/24-1.6(A)(1) is unconstitutional in that it violates the right to keep and bear arms, as guaranteed by the second amendment to the United States Constitution. As a result, the Cook County States Attorney’s Office is dismissing a number of these cases! There is still the issue as to whether a FOID (firearm owners identification) card is a requirement for these dismissals. At the moment, the State is only dismissing cases where the defendant was in possession of a valid FOID card. We are starting to argue that a FOID card is not necessary. Waiting to see how that plays out.

Additionally, my office is actively combing through our old files to locate those who have been previously convicted of Aggravated UUW under this specific statute provision. Once located, we will be filing motions to vacate these convictions as well. The statute doesn’t “become” unconstitutional as a result of this new ruling. The ruling states that the statue is unconstitutional on its face, meaning it was always unconstitutional from its inception. Continue reading

Articles Tagged with Felony

Felony Murder: When Self Defense is No Defense

ILLINOIS GUN STATUTE DEEMED UNCONSTITUTIONAL!