Waukegan, IL Homicide Defense Attorney

Aggressive Homicide Defense Lawyer Representing Clients in Waukegan, Illinois

Few crimes are treated more seriously than homicide. Crimes of homicide can vary in severity, with charges like involuntary manslaughter, reckless homicide, and murder, each with its own definitions and penalties. Regardless of your prior criminal record or the circumstances behind the death, seeking a criminal defense attorney is always advisable for these cases.

At Law Office of Theodore S. Potkonjak, our Waukegan, Illinois homicide defense lawyer has the skills and knowledge required to properly contest charges involving the killing of another person. With over four decades of legal experience, Attorney Theodore Potkonjak draws on the insights gained over his career to aggressively defend his clients.

What Is Involuntary Manslaughter?

Involuntary manslaughter is one of the lesser forms of homicide under Illinois law, but it is still a serious felony that can lead to years in prison. A person may be charged with involuntary manslaughter if they unintentionally cause another person's death by acting recklessly. This means their conduct created a strong likelihood of causing great bodily harm or death, even though there was no intent to kill.

Some examples of involuntary manslaughter include accidentally shooting someone while handling a firearm carelessly, getting in a fistfight resulting in death, or committing a dangerous act while under the influence of drugs or alcohol. Involuntary manslaughter is typically charged as a Class 3 felony, punishable by two to five years in prison and fines up to $25,000. If the victim was a family or household member, the offense becomes a Class 2 felony, with an enhanced prison term of three to 14 years.

Since the law focuses on recklessness rather than intent, prosecutors must prove that the accused's actions were more than just negligent. Rather, they must show that the defendant showed a conscious disregard for safety. A skilled defense attorney can challenge this element and argue that the death, while tragic, was the result of an accident or unforeseeable event.

Reckless Homicide Charges

Reckless homicide is closely related to involuntary manslaughter, but it specifically involves deaths caused by reckless operation of a vehicle, including cars, boats, or snowmobiles. The most common example is a fatal drunk driving crash.

Under 720 ILCS 5/9-3, reckless homicide is a Class 3 felony, carrying two to five years in prison. However, penalties can increase sharply in certain situations. For example, if the driver was driving recklessly in a construction zone, the offense can become a Class 2 felony carrying three to 14 years in prison.

These cases often depend heavily on accident reconstruction reports, toxicology tests, and witness statements. A defense attorney can scrutinize this evidence, question police procedures, and explore whether the alleged "reckless" conduct truly meets the legal definition required for conviction.

When Can You Be Charged With Murder in Illinois?

Under Illinois law, the crime of murder is separated into different charges depending on the circumstances behind the death as well as the level of intentionality behind the killing. If you have been accused of murder, do not hesitate to seek out legal representation.

First-degree murder applies when someone intentionally kills another person or knows their actions will create a strong probability of death or great bodily harm. You may also face first-degree murder charges if you commit a felony and end up killing another person to further that offense or while fleeing the scene. It is punishable by 20 to 60 years in prison, up to life in some cases.

Second-degree murder occurs when a killing would otherwise be first-degree murder, but certain mitigating circumstances apply, such as acting under sudden and intense passion caused by serious provocation, or a mistaken belief that the killing was justified. It is a Class 1 felony, carrying four to 20 years in prison.

Meet With a Waukegan, IL Homicide Defense Lawyer

If you are facing homicide charges in Waukegan, your life and future are at stake. A criminal defense lawyer can evaluate the facts, challenge the evidence, and fight for the best possible outcome under Illinois law. To schedule a free consultation, call Law Office of Theodore S. Potkonjak at 847-263-1200 or contact our Waukegan homicide defense attorney. We represent residents of Lake, McHenry, Cook, and DuPage Counties.