Reckless Homicide

Experienced DuPage County Reckless Homicide Attorneys

Defending Against Reckless Homicide Charges in DuPage County

Driving irresponsibly and causing an accident resulting in another person’s death is considered reckless homicide. This charge applies to people operating cars, boats, or other motor vehicles whose reckless or negligent actions lead to someone’s death.

Reckless driving can encompass various dangerous behaviors, including drunk driving, speeding, racing, or intentionally causing the vehicle to become airborne. It’s important to note that its being an accident does not exempt one from legal responsibility, making it essential to seek immediate legal counsel from a DuPage County reckless homicide attorney.

Reckless driving is a serious problem in Illinois, resulting in numerous annual motor vehicle accidents, often causing permanent injuries and fatalities. The law takes reckless driving seriously to curb this behavior and promote responsible driving.

Illinois’ safe driving law’s primary goal is to encourage responsible conduct among motorists and deter reckless driving. However, there have been instances where individuals faced reckless homicide charges despite driving responsibly and lawfully.

Reckless homicide charges are typically classified as a Class 3 felony, leading to a potential prison sentence of two to five years upon conviction. In more severe cases, such as when a child is killed by a driver in a school zone, reckless homicide may be charged as a Class 2 felony, carrying a potential 3- to 14-year prison sentence upon conviction.

Being convicted of reckless homicide can have life-altering consequences. Even if you acknowledge some involvement or responsibility for the accident, defending your rights against potentially overreaching prosecution is crucial.

If you are accused of reckless homicide, you have the right to fight the charges. An experienced DuPage County reckless homicide lawyer can be instrumental in building a strong defense. At Wolfe and Stec Ltd., we have extensive legal experience in reckless homicide cases and will use this to protect your rights.

What is Reckless Homicide in Illinois?

In Illinois, the law that deals with cases of reckless homicide is outlined in Illinois statute 720 ILCS 5/9-3. According to this statute, reckless homicide occurs when an individual unintentionally causes the death of another person while driving a vehicle and using an incline in the roadway, such as a railroad crossing bridge approach or a hill, in a way that makes the vehicle airborne.

In certain situations, a charge of reckless homicide can be considered “aggravated,” leading to more severe penalties than a regular reckless homicide charge. These situations include:

• Committing reckless homicide while within a school zone
• Committing reckless homicide while driving through a construction or maintenance zone
• Committing reckless homicide after failing to follow directions from a police officer or a traffic control aide
• Causing the death of two or more individuals either by failing to comply with directions from a police officer or a traffic control aide, or while driving through a construction or maintenance zone
• Causing the death of a family member or someone residing in the same household.

It is essential to note that these aggravated factors amplify the seriousness of the offense and may result in more severe legal consequences for those convicted of reckless homicide in such circumstances.

Potential Penalties and Imprisonment for Reckless Homicide Charge in Illinois

Reckless homicide in the state of Illinois is categorized as a Class 3 felony, carrying potential consequences of 5 to 10 years in prison and a fine of up to $25,000 upon conviction.

However, the severity of the charge can escalate if aggravating factors are present, leading to more severe penalties for those found guilty. These include:

• Committing the offense in a school zone: Elevates the charge to a Class 2 felony, with a possible imprisonment period of 3 to 14 years.
• Causing the death of a household or family member: This circumstance leads to a Class 2 felony conviction, with potential imprisonment lasting from 3 to 13 years.
• Committing the offense while driving in a maintenance zone or construction or failing to comply with a traffic control aide or police officer: Also raises the charge to a Class 2 felony, carrying a potential imprisonment period of 3 to 14 years.
• Causing the death of two or more persons while in a school zone or failing to comply with a traffic control aide or police officer results in a Class 2 felony conviction, with a possible imprisonment period of 6 to 28 years.

It is crucial to understand that the consequences of a reckless homicide conviction extend beyond the criminal level. A Class 3 felony conviction will permanently remain on one’s criminal record unless an expungement is successfully obtained. Such a felony conviction can significantly impact various aspects of life, including employability and housing opportunities. Moreover, the social stigma associated with a felony conviction can be profoundly detrimental to a person’s life.

How We Can Help You

There are several ways we can help you if you are facing criminal charges, including reckless homicide. Some of the ways that we can help you include:

• Evidence Discovery: If you are facing criminal charges, you are entitled to see all evidence that may be used against you. We will file discovery motions as quickly as possible to obtain that evidence and ensure we understand what could be used against you in court.
• Protection of Rights: In any criminal proceeding, the accused has fundamental legal rights that must be upheld. We will ensure that these rights are protected and that you receive fair treatment. We will diligently protect against any potential violations of constitutional rights, such as the right to remain silent, the right to legal counsel, and protection against unlawful searches and seizures.
• Evidence Suppression: In some situations, the evidence the prosecution wants to use against you cannot be admitted to a court of law. For example, maybe the police did not have probable cause to search your vehicle, or the equipment used to test you after the accident was not calibrated properly.
• Negotiating: We may be able to negotiate a more favorable outcome for your case. For example, we may be able to convince the prosecutors to allow a plea deal to a lesser charge, or we might be able to get your case dismissed altogether.
• Trial Preparation: If we cannot negotiate a favorable plea deal or dismiss your case, we can help you prepare for trial. We will ensure you are comfortable and your voice is heard.

While you might think the facts of the case are on your side, you must also ensure that the law is on your side. You should call us as soon as possible to schedule a case consultation.

FAQs About Reckless Homicide

Some of the most common questions people ask about reckless homicide include:

Is a reckless homicide charge the same as murder?

No. Typically, a murder charge implies some aspect of intent. In a case of reckless vehicular homicide, you did not necessarily intend for someone to die, but that was the result of the accident.

Can you get my charges dismissed?

Every case is different. Before discussing the outcome, we need to figure out the evidence that will be used against you. There are some situations when we can get your charges dismissed, but we cannot guarantee that outcome.

Should I still call you for a case consultation even if I am not facing charges?

You should still call us for a case consultation if you know the police are actively investigating you. You should not wait to face criminal charges before calling us.

Schedule Your Case Consultation With Wolfe & Stec Ltd. Today

When confronted with reckless homicide charges, you must have unwavering confidence in your legal representation, knowing they can secure the most favorable outcome for your case. Wolfe and Stec reckless homicide attorneys have decades of experience, enabling us to deliver an assertive and highly effective defense for our clients. Contact us now at 630-305-0222 for a free consultation to discuss your case.