Unlike Television, First Degree Murder Does Not Require Premeditation

 Posted on May 11, 2015 in Violent Crime

Many people base most of their knowledge of the criminal justice system on what they see on television. Some of the information on television is accurate, particularly when it comes to news reporting on police misconduct and other related issues. But many people’s beliefs about criminal justice come from fictional crime procedural shows, and often the information provided by these shows is inaccurate. People do not realize that their understanding is mistaken until they find themselves in need of the help of a criminal defense attorney. One such common misconception regards what constitutes first degree murder.

The Misconception: First Degree Murder Requires Premeditation

Television shows, books, and conventional wisdom leave many Americans with a mistaken belief regarding first degree murder. Most people believe that in order to be convicted of first degree murder the prosecutor must prove that the murder was premeditated — that the defendant planned it out or thought it out ahead of time. A perfect example of a premeditated murder would be one where a person hired an assassin to commit a murder for profit. This sort of premeditation is absolutely not required in order for someone to be convicted of first degree murder in Illinois. Premeditation may very well be required in some states, but each and every state has its own criminal code and its own definition for each crime.

What is Actually Required for First Degree Murder in Illinois?

Like other crimes, first degree murder is defined in Illinois by statute. There are actually three separate ways that a person can commit first degree murder in our state. All three of them require that the accused kill an individual without lawful justification. Lawful justification means a legal defense, like self defense or defense of others. Those justifications are not simple common sense justifications. Instead they are each defined very specifically by other statutes. The three types of unjustified killings that constitute first degree murder in Illinois are:

1. Killings where, in performing the acts which caused the other person’s death the defended either intends to kill or do great bodily harm or knows that his or her acts will cause death to that individual or another;
2. Killings where the defendant knows that his or her actions create a strong probability of death or great bodily harm to that individual or another; and
3. Killings where the defendant is attempting or committing a forcible felony (other than second degree murder).

Notice that none of these type of murder require premeditation. In fact, some of them don’t even require that the state prove that the defendant even intended to kill the deceased.

Call the Law Office of Christopher M. Cosley

If you have been charged with a crime, you will need the help of a knowledgeable Rolling Meadows criminal defense attorney. Call the Law Offices of Christopher M. Cosley at 847-253-3100. When you call we can schedule an appointment to go over the details of your situation and figure out how we can best be of help.