Credit Cards - Murder in the First Degree

Second degree murder is a Class 1 Felony that carries exposure to a prison term of 4 to 20 years. However, probation is available for up to four years. Second degree murder is defined under Illinois law as committing an act that would constitute first degree murder but is mitigated by any of the factors below:. The act was committed when the accused was in a state of sudden and intense passion caused by serious provocation from the victim or someone the accused attempts to kill when inadvertently killing an innocent bystander; or.

A manslaughter conviction is still a very serious charge that can result in a long prison sentence upon conviction. In such a situation, the highly-skilled services of an experienced Chicago defense lawyer are absolutely vital to preserving your rights and your freedoms if you are facing a manslaughter charge in Chicago. If you are facing a manslaughter charge, it cannot be taken with anything but the utmost seriousness.

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Although a manslaughter allegation recognizes the fact that the life that was lost was not taken in a premeditated or intentional manner, the charge still means that you are accused of some form of negligence or recklessness that resulted in the death of another human being. A manslaughter charge needs to be taken as seriously as a Murder charge in Chicago.

If an individual has been charged with first degree murder in Cook County, Mr. Freidberg will carefully examine the forensic evidence, eyewitness statements, police investigatory procedures and other relevant facts to identify potential viable defenses.

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He then conducts an analysis of the potential defense strategies so he can recommend the best options to his clients. Some of the strategies he may employ include arguing diminished-capacity or insanity, challenging DNA evidence, presenting alternate theories of the crime based on blood-spatter evidence, highlighting other flaws or weaknesses in forensic or circumstantial evidence, seeking exclusion of coerced confessions, and obtaining suppression of illegally obtained forensic evidence.

A search that uncovers a weapon, bloody clothing, fibers or DNA evidence and other forms of forensic evidence may be illegal for a number of reasons. The search may be conducted without a warrant and without a valid exception to the warrant requirement. Law enforcement officers frequently will claim that a valid exemption justified their decision to search without obtaining a warrant, but the necessary showing to satisfy the exception cannot be established based on the evidence.

In other situations, the police may exceed the authority of the warrant by searching nearby structures or areas that were not identified in the warrant.

The key is that Mr. Freidberg carefully investigates and scrutinizes searches to identify grounds for seeking suppression of the evidence obtained during the search. There are also a couple of different approaches to seeking exclusion of incriminating statements or confessions.

Murder | Chicago Criminal Lawyer David L. Freidberg

The Miranda rights of the accused may have been violated in a number of ways. Alternatively, the police may continue their interrogation despite a suspect asserting his right to have an attorney present during questioning. Even if the police comply with Miranda, the damaging admissions may still be excluded if they were obtained involuntarily. While the police can lie, deceive, misrepresent evidence and otherwise trick suspects into making a confession, certain tactics cross the line and constitute coercion.

When a confession is obtained through coercion or in violation of Miranda, Mr.

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Freidberg may file to have the damaging statements excluded from a Cook County murder case. If you are being investigated in connection with a murder or you have been formally charged with murder, we know that you are probably overwhelmed by stress, fear and questions about the future. Whether you are falsely accused or made a regrettable mistake, Chicago murder defense lawyer David L. More from this section. WaPo report shows extent of election meddling.

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