Murder is one of the most serious of all violent crimes. A person accused of taking the life of another person faces the possibility of life in prison. Even the accusation of an attempt to kill someone can result in serious punishments. In Illinois, there is a fine line between assault charges and attempted murder charges. However, they are very different in the severity of their punishments.

What Is the Difference Between Assault and Attempted Murder?

Assault is defined as the threat of inflicting bodily harm or offensive physical contact upon another person. This can be an action as simple as forcefully shoving someone or as serious as threatening someone else with a firearm. If convicted of simple assault, the punishment is a Class C misdemeanor resulting in a prison term of up to 30 days and a $1,500 fine.

Attempted murder is similar to assault in terms of the definitions of the two crimes. The difference in the crimes comes when a person knowingly takes a substantial step toward the killing of another person. In order to be charged with attempted murder, intent to kill must be proven beyond a doubt. If convicted, attempted murder is a Class X felony punishable by a prison term ranging from 20 to 80 years. Punishments can also be increased depending on the crime:

• If the crime occurs with a firearm, 15 years will be added to the prison sentence.

• If the firearm is discharged during an attempted murder, 20 years will be added to the prison sentence.

• If the discharging of the firearm results in bodily harm, but not death, to the victim of the attempted murder, 25 years will be added to the term, or the offender will be imprisoned for a natural life term.

• The charges become a Class 1 felony when the offender is proven to have caused the death of another person by accidental means.

Defense Strategies

After being charged with attempted murder, an offender will have several different ways they may be able to avoid a conviction. They will have to prove that they never had the intent to take the life of the victim in the case. This could reduce the charge to simple assault.

An offender can also attempt to prove the crime was:

• An act of self-defense, in that the offender had to fight back to protect his or her own life.

• In defense of other persons involved in the incident.

• An exercise of duty by a law enforcement officer.

• An act of insanity, and the incident would not have occurred if the offender was in the right state of mind.

Contact a Joliet, IL Criminal Defense Lawyer

If you or someone you know is facing attempted murder charges, the consequences of a conviction can be life-altering. The first step you should take is to secure experienced legal representation. The Law Office of Tedone & Morton, P.C. will carefully review the circumstances surrounding your case and help you minimize the potential consequences by planning an appropriate defense. To schedule a free consultation with a Will County violent crimes attorney, call 815-666-1285.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=21100000&SeqEnd=23000000

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K8-4

There are many different ways a person can be charged with kidnapping, and contrary to how it sounds, kidnapping can happen to both children and adults alike. An individual can be taken by someone he or she knows or does not know for ransom, or worse, to be tortured or killed. This is why kidnapping is considered a violent crime.

Illinois law defines kidnapping as a person knowingly doing any of the following acts:

• Secretly confining another person against his or her will.

• Forcibly transporting another person with the intent to confine him or her against his or her will.

• Inducing another person from one place to another with the intent to confine him or her against his or her will.

• Concealing a person under the age of 13 or with an intellectual disability against his or her will and without the consent of the minor’s parents.

In these cases, alleged kidnappers can be convicted of a Class 2 felony punishable by a prison term of three to seven years.

Understanding Aggravated Kidnapping

The state of Illinois also has laws for aggravated kidnapping, which is a crime of a more serious nature with more severe consequences. Aggravated kidnapping is classified as any of the following:

• Taking another person with the intent to collect a ransom.

• Taking a minor under the age of 13 years old or taking a person with an intellectual disability.

• Inflicting bodily harm upon a victim other than discharging a firearm.

• Wearing a hood or mask to conceal identity.

• Committing the act of kidnapping while in possession of a weapon other than a firearm.

• Committing the act of kidnapping with a firearm.

• Committing the act of kidnapping and discharging a firearm.

• Committing the act of kidnapping while discharging a firearm that results in bodily harm or death of another person.

Aggravated kidnapping is a Class X felony with prison terms increasing with the nature of the crime. First offenses are punished by a prison term of six to 30 years, with an additional 15-25 years, depending on the severity of the crime. Second and subsequent offenses are punishable by life imprisonment, a fine of up to $25,000, and restitution to the victim.

Contact a Joliet, IL Criminal Defense Attorney

A kidnapping conviction will change a person’s life, and aggravated kidnapping carries even more severe penalties. If found guilty, the offender will go to prison, but even if a person is found not guilty, they are still likely to suffer from a damaged reputation within their community. If you or someone you know is fighting kidnapping charges, an attorney from the Law Office of Tedone & Morton, P.C. can help you build the best defense strategy so you can avoid a prison term. To schedule a free consultation with a Will County violent crimes lawyer, call 815-666-1285.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+10&ActID=1876&ChapterID=53&SeqStart=12200000&SeqEnd=13600000