In Illinois, a person can be found guilty of attempted murder for having deliberately, intentionally, or recklessly with extreme disregard for human life, attempted to kill someone by taking some substantial step toward committing the crime. Defendants need the services of an experienced DuPage County attempted murder attorney to protect them from severe repercussions, which include time in prison, fines, and significant collateral consequences.
If you are charged with attempted murder, the penalties are severe and, unless there are mitigating circumstances, can result in substantial prison time. You need the best defense available, as prosecutors will be fighting to impose the steepest punishment. The seasoned Illinois criminal defense attorneys at Wolfe & Stec, Ltd. have extensive experience and know that there are aspects of the attempted murder charge that may lead to a dismissal or result in a lesser offense or penalty. We offer a free consultation to examine the issues in your case and determine what we can do to help.
To speak with an experienced DuPage County attempted murder attorney, contact Wolfe & Stec, Ltd today. Learn how we can help and get the robust defense you deserve. Call 630-305-0222 today.
According to the Illinois Criminal Code, a person commits an attempt when, with intent to commit a specific offense, he or she does any act which constitutes a substantial step toward the commission of that offense.
In most jurisdictions, attempted murder charges consist of two elements:
1) Action — The offender took some action toward killing another person and did not merely prepare or plan to do so. This action often involves using a weapon and either inflicting serious wounds or attacking the chest or head areas, which are most likely to result in death. Actions may also include soliciting and paying someone to kill another person; stalking or luring someone to a location where the murder is intended to take place; and buying materials necessary to commit a murder, such as the makings of a bomb, and then attempting to commit the act.
2) Intent — The act was intended to kill someone, not just to cause serious bodily harm or disfigurement. For example, shooting a person in the head or chest is more likely to show intent than shooting someone in the leg.
BE AWARE THAT THERE ARE TIMES WHEN YOU DON’T NEED TO HAVE THE SPECIFIC INTENT TO ACTUALLY KILL THE VICTIM.
FOR EXAMPLE, SHOOTING A GUN INTO A RESIDENCE AND HITTING SOMEONE WHO IS NOT THE INTENDED TARGET IS STILL CONSIDERED ATTEMPTED MURDER.
Intent to murder someone may be considered as abandoned if you change your mind before taking any direct step or action — for example, if you decide not to pay someone to kill another, or you throw away materials you bought with the intent to kill.
In Illinois, attempted murder is a Class X felony which carries a sentencing range of 6 to 30 years in prison. The sentence goes up if there are aggravating factors. For example, if a firearm is involved, 15 years shall be added to the term of imprisonment, and if the firearm is discharged, 20 years shall be added. If discharging a firearm caused great bodily harm, disability, disfigurement, or death, the term could be 25 years to life
In addition, most jurisdictions have degrees of attempted murder charges. A first-degree attempted murder charge requires premeditation and carries greater penalties, up to a life sentence. A second-degree attempted murder charge is an act that is not planned or deliberate. Penalties depend on whether there was serious injury, and the sentence goes up substantially if a firearm was used or if the crime was committed by a gang member or at the direction of a criminal gang.
If you have a prior criminal record, sentences are often increased as well.
Wolfe & Stec, Ltd fights hard to protect clients from criminal charges and provides them with the guidance they need.
There are several approaches to defending charges of attempted murder, depending on the specifics of the case:
In general, to avoid jail, you would have to show:
If you caused great bodily harm but it can’t be proven that you were trying to kill someone, the prosecution cannot prove attempted murder.
If you have questions about attempted murder charges, you are not alone. We regularly receive questions on the issue and have answered some of them below. Please give us a call for more information.
How much do DuPage County attempted murder attorneys cost?
Attempted murder lawyers in DuPage County typically charge by the hour, with rates ranging from $100 to $1,000 per hour. In some cases, DuPage County attempted murder attorneys also require a retainer before beginning representation.
Is there a statute of limitations for attempted murder?
There is no statute of limitations for first-degree attempted murder. This means that the state has no time limit to bring charges of attempted first-degree murder.
How does an attempted murder conviction affect my future?
An attempted murder conviction will likely have a major impact on your life. A felony criminal record results in the loss or restriction of various rights, including:
You will also face restrictions on traveling internationally and will be barred from certain types of employment, notably those jobs requiring professional licensing. Additionally, housing may be difficult to procure, and certain educational institutions might prohibit you from attending with a felony criminal conviction on your record.
Can I have an attempted murder conviction expunged in Illinois?
No. However, you may be eligible to have your records sealed depending on the facts of your case.
If you have more questions or concerns, please give us a call at your convenience to speak with an experienced DuPage County attempted murder attorney. You deserve answers to all of your questions.
If you or a loved one is charged with attempted murder, you need to hire the best criminal defense attorney you can find. Your case may seem impossible, but with skillful representation, you have a chance. Remember, the law places a heavy burden on the government, and you have to be proven guilty beyond a reasonable doubt.
The criminal defense lawyers at Wolfe & Stec, Ltd are skilled trial lawyers who know that each case is unique, with its own set of circumstances. Whether your criminal law case is seemingly straightforward or highly complicated, we can help. We know the judges and the court system and will aggressively explore every avenue for your defense. We examine the facts, the individuals involved, and the evidence available, and work hand in hand with our clients throughout the criminal process. We explain all elements and processes of the case and develop an effective defense strategy. Our goal is always to minimize the negative impact of the situation and to focus on protecting your freedoms, liberties and rights.
Don’t delay — contact us for help today if you have been accused of any criminal charges. Our Illinois criminal defense lawyers represent clients in DuPage County, Naperville, Aurora, Wheaton, Downers Grove and Bolingbrook, Illinois, and the greater Chicagoland area. Your free initial consultation can be scheduled at either of our offices, in Woodridge or Chicago. Call 630-305-0222.