Chicago Attempted Murder Lawyer
Chicago Premier Attempted Murder Attorney
Often enough, a split-second decision can alter one’s life in the blink of an eye. Attorney Mitch Furman knows that the consequences of making a wrong choice can result in the harshest of penalties. With over 20 years of legal experience as a trial lawyer, I have successfully defended attempted murder criminal charges in Chicagoland and Cook County suburbs. I understand that acting under impulse or duress can often result in a criminal prosecution that devastates the person’s life.
If you or your loved one have been charged with the crime of attempted murder, it’s time to contact a skillful and competent criminal defense lawyer who can help you. My team of attorneys and I are here to listen and provide incomparable representation for your attempted murder charge. We can help. Call Chicago Premier Attorney Today.
What Classifies as Attempted Murder?
In the world of legalese, the word “attempt” is classified as an “inchoate” crime. By definition, “inchoate” means “just begun” or “so not fully formed or developed.” Any attempted crime, such as attempted robbery or attempted battery, is the type of crime that a person has begun to act on but has not finished completing.
Illinois Attempt Murder Statute, 720 ILCS 5/8-4, states that a person commits the offense of attempt when, with intent to commit a specific offense, he or she does any act that constitutes a “substantial step” toward the commission of that offense. A “substantial step” is an act in furtherance of the criminal scheme and must be something more than mere preparation but less than the last act necessary before the substantive crime is completed.
As an example, a person who plans out a murder scheme and writes out a list of supplies needed to implement it arguably has not taken a “substantial step” to commit first-degree murder. On the other hand, if a person aims to kill another and shoots the gun but misses his intended target. The prosecution will most likely argue that a “substantial step” to commit first-degree murder had occurred.
Another important element that the prosecution must prove to sustain a conviction for attempted murder under the specific intent doctrine is that the person intended to commit murder. If the prosecutor only offers evidence that a person intended to hurt, maim, injure, or scare another individual, then the elements of attempted murder have not been met, and the conviction for attempted murder cannot be sustained.
What is Attempted First Degree Murder?
Attempted First Degree Murder occurs when a person does any act that constitutes a substantial step to commit murder and;
- he or she either intends to kill or do great bodily harm to that individual or another or knows that such acts will cause death to that individual or another or
- he or she knows that such acts create a strong probability of death or great bodily harm to that individual or another
What Are the Penalties For Attempted First Degree Murder?
Attempted First Degree Murder is a Class X Felony and non-probationable and is punishable by 6 to 30 years in prison. Additionally, if aggravating factors of Section 9-1 are present, the sentence shall be a term of imprisonment of not less than 20 years and not more than 80 years. These factors include;
- individual was a peace officer or fireman
- individual was an employee of an institution or facility of the Department of Corrections
- individual was an inmate at correctional institution or facility
- individual was an emergency medical technician – ambulance, emergency medical technician -intermediate, emergency medical technician – paramedic, ambulance driver, or other medical assistance or first aid personnel
What Is Attempted Second Degree Murder?
Attempted Second Degree Murder occurs when a person does any act that constitutes a substantial step to commit murder, but; does not have a specific intent, commonly referred to as premeditation, to kill another person.
What Are the Penalties For Attempted Second-Degree Murder?
Attempted Second Degree Murder is a Class 1 Felony punishable by 4 to 15 years in prison. It is also probationable. In this instance, the burden of proof shifts and;
- defendant proves by a preponderance of the evidence at sentencing that, at the time of the attempted murder, he or she was acting under a sudden and intense passion resulting from serious provocation by the individual whom the defendant endeavored to kill,
- and, had the individual the defendant endeavored to kill died, the defendant would have negligently or accidentally caused that death
What Is Specific Intent?
Specific intent refers to the mental state of a person who intends to achieve a particular result through their actions. In the context of attempted murder, specific intent means that the defendant aimed to kill or cause serious bodily injury to another person. This is a crucial element in distinguishing between different degrees of murder and attempted murder charges.
In Illinois, to establish that an individual committed attempted murder, the prosecution must prove that the defendant had a distinct intention to kill rather than merely an intention to engage in criminal behavior. This means that if a defendant acted impulsively or without a deliberate plan to kill, it could lead to defenses that would reduce the charge from attempted first-degree murder to attempted second-degree murder.
A skilled and experienced attempted murder lawyer can significantly influence the case outcome. If the defense attorney can successfully argue that the defendant did not possess specific intent at the time of the act, it may result in a lesser charge or potentially lead to an acquittal.
Importance of a Chicago Attempted Murder Lawyer
Navigating the complexities of attempted murder charges requires skilled legal representation. A Chicago attempted murder lawyer plays a vital role in ensuring that the defendant’s rights are protected throughout the legal process. Here are some key reasons why having an experienced attorney is crucial when facing such serious charges:
Expertise in Criminal Law
A Chicago attempted murder lawyer possesses extensive knowledge of Illinois criminal law, particularly as it pertains to violent crimes. They understand the nuances of the legal system and are knowledgeable about the specific statutes that relate to attempted murder. Their familiarity with relevant case law can be instrumental in building a strong defense strategy tailored to the individual circumstances of the case.
Developing a Strong Defense Strategy
Attempted murder charges can arise from various situations that warrant distinct defense strategies. A skilled attorney will carefully analyze the details of the case to identify potential defenses, such as lack of intent, self-defense, or revealing mitigating circumstances. They will work diligently to gather evidence, interview witnesses, and locate expert testimony that can enhance the defendant’s position during trial.
Negotiating Plea Deals
In certain scenarios, a defendant may benefit from negotiating a plea deal with the prosecution. An experienced Chicago attempted murder lawyer has the negotiation skills necessary to advocate for more favorable terms. They will thoroughly evaluate the evidence presented by the prosecution and use their understanding of the law to negotiate a charge reduction or a more lenient sentence that serves the best interests of their clients.
What Can an Attorney Do For My Attempted Murder Charge?
Depending on a scenario of operative-specific facts, an articulate and skillful lawyer can present an array of affirmative defenses available under the law. These may include the following;
- Self defense
- Lack of requisite intent
- Withdrawal
- No “substantial step” taken
- Impossibility
Possible Defense Against Attempted Murder Charges
An experienced Chicago attempted murder lawyer, Mitch Furman, can tailor a defense strategy to counter the prosecution’s claims. Here are some of the most common defenses employed in attempted murder cases:
Self-Defense
One of the most credible defenses in attempted murder cases, under 720 ILCS 5/7-1, is self-defense. If the defendant can demonstrate that they believed they were in imminent danger and used reasonable force to protect themselves, this could lead to a dismissal or reduction of charges. In Illinois, the law allows individuals to defend themselves if they reasonably believe that such force is necessary to prevent an attack.
Lack of Requisite Intent
As previously mentioned, specific intent is a critical component in proving attempted murder. If a defendant can show that they did not have the intent to kill or cause serious bodily harm, this defense may lead to a favorable outcome.
For example, if the actions were impulsive or provoked by a heated argument, the court might categorize the offense as attempted second-degree murder instead of attempted first-degree murder.
Withdrawal
If the defendant can prove that they voluntarily withdrew from the intent to commit the crime or took steps to prevent the act from occurring, this can serve as a strong defense. Demonstrating that the defendant actively abandoned any plans or efforts to harm the victim can help establish that they did not follow through with their intent.
This might include actions like contacting law enforcement to report their thoughts or concerns, notifying the potential victim of their intentions, or actively choosing to leave the situation that provoked the violent thoughts.
By asserting a credible withdrawal defense, the defendant may effectively diminish the gravity of the charges they face.
No “Substantial Step” Taken
Under Illinois law, for a charge of attempted murder to be valid, there must be evidence that the defendant took a substantial step toward committing the act of murder. If a lawyer can demonstrate that the defendant’s actions did not cross the threshold into a “substantial step,” it may warrant a dismissal of the charges.
This argument hinges on proving that mere discussion, preparation, or thoughts were not enough to constitute an attempt under the law.
Impossibility
The defense of impossibility arises when it can be shown that the act was impossible to complete due to circumstances beyond the control of the defendant. For instance, if the weapon believed to be used was inoperable or if the defendant had no opportunity to carry out the act, the defense attorney may argue that the defendant cannot be held criminally liable for an attempt that could not have been realized.
This could involve scenarios where, perhaps, the intended victim was never present at the scene or the alleged method of carrying out the crime was rendered inaccessible.
Understanding Impossibility in the Context of Attempted Murder
Types of Impossibility Defense
There are primarily two types of impossibility defenses that may apply in an attempted murder case:
- Factual Impossibility: This occurs when a defendant’s intended act is not successful due to factual circumstances, even though the defendant’s intent was to commit a crime. For example, if someone attempts to shoot another person but the gun is unloaded or jammed, it creates a case for factual impossibility.
- Legal Impossibility: This defense is invoked when the action the defendant intended to carry out is not a crime, even if completed. For example, if a person believed they were attempting to commit murder, but the intended victim had already died beforehand, this may constitute a legal impossibility.
Contact Chicago Premier Attempted Murder Attorney
If you have been charged with attempted murder, time is of the essence. Contact an experienced trial lawyer, Mitch Furman, for a free, confidential consultation and an evaluation of your case. Let’s discuss what matters to you and develop a strategy where my law firm can help you mitigate an attempted murder charge.
Contact us today at (312) 236-7078 for a free consultation with an experienced trial lawyer!
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