Search
Facebook Twitter Our Blog
The Law Offices of Christopher M. Cosley
24 HOUR ANSWERING | 847-394-3200
SERVICE

1855 Rohlwing Road, Suite D, Rolling Meadows, IL 60008

24 HOUR ANSWERING SERVICE

Archive for the ‘reckless homicide’ tag

Involuntary Manslaughter in Illinois

November 12th, 2018 at 8:33 am

Illinios defense lawyerInvoluntary manslaughter is a classification of homicide, which is the unlawful killing of another person. While first- and second-degree murder involves the intentional killing of a person, involuntary manslaughter can be thought of as an unintentional type of killing. Make no mistake; involuntary manslaughter is a serious crime, and the penalties you may be sentenced with can be harsh.

Penalties for Involuntary Manslaughter

Under Illinois 720 ILCS 5/9-3, involuntary manslaughter is the unintentional and unjustified killing of an individual when the defendant’s acts, either lawful or unlawful, are likely to cause death or serious bodily injury to another. As such, when a person performs dangerous reckless actions that result in the death of another, that person will be charged with involuntary manslaughter, unless they were operating a vehicle. As a Class 3 felony, involuntary manslaughter is punishable by up to five years in prison. Examples of actions that could lead to involuntary manslaughter include:

  • Fist fights. A Toledo, Illinois man was recently charged with involuntary manslaughter after kicking his neighbor in the head;
  • Letting a toddler play outside on the street unsupervised;
  • Shooting a firearm or storing a firearm in a reckless manner; and
  • Throwing or dropping rocks from a bridge or overpass.

Reckless Homicide or Vehicular Manslaughter

When the driver of a motor vehicle, all-terrain vehicle, watercraft, or snowmobile causes the death of another due to reckless driving or operation of their vehicle, they will be charged with reckless homicide, more commonly referred to as vehicular manslaughter. Reckless homicide is also a Class 3 felony, and may also involve having your license suspended or revoked. If the defendant was driving under the influence of alcohol, even with a blood alcohol content under 0.08, they may still be charged with reckless homicide if they cause the death of another because it is presumed that alcohol played a factor in their impaired driving and decision making.

In fact, if the driver was intoxicated, it is more likely that they will be charged with a Class 2 felony instead of a Class 3 felony. A Class 2 felony carries a penalty of up to seven years in prison, although, for a DUI reckless homicide, defendants often face penalties of up to 14 years, and even up to 28 years behind bars. Drivers who are charged with vehicular manslaughter without any DUI implications can also face increased prison sentences if there were aggravating factors, such as causing the death in a school zone or construction zone.

An Involuntary Manslaughter Defense Attorney Is Here For Your Assistance Today

Whether you have been charged with reckless homicide, involuntary manslaughter, second-degree murder, or first-degree murder, attorney Christopher M. Cosley is here to help. Call a dedicated Rolling Meadows criminal defense attorney at our office today at 847-394-3200.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K9-3

https://jg-tc.com/news/local/manslaughter-charged-filed-in-case-of-toledo-man-s-death/article_a1aa90f9-c042-57a7-9340-a5f4019e5256.html

 

Traffic Fatalities on the Rise in Illinois

November 7th, 2018 at 8:29 am

Illinois defense attorneyTraffic fatalities and collisions involving serious bodily injury are on the rise in Illinois and have been for the past few years, according to WTTW Public News. To be sure, 2016 was deadlier than 2015; 2017 was deadlier than 2016; and, it looks like 2018 will be deadlier than 2017, as preliminary data from the Illinois Department of Transportation shows with still over two months to go until the final numbers are in. What does this mean for drivers who have been cited with moving violations and those who have been charged with causing bodily injury or death? Because Illinois, like most states, is seeing a rise in traffic collisions, prosecutors are more likely to bring the heaviest penalties possible on those who have allegedly violated the law. Some of the most serious Illinois traffic violations include the following:

Reckless Homicide—Drivers who cause the death of another while driving in a reckless manner or in a way that is likely to cause bodily injury or death will be charged with reckless homicide. Depending on the circumstances of the collision, defendants charged with reckless homicide can be sentenced to a maximum of 28 years in prison.

Leaving the Scene of a Crash—Under Illinois 625 ILCS 5/11-401, it is a Class 4 felony (punishable by up to three years in prison and a fine of $25,000) to leave the scene of a crash that you are involved in if the other driver was injured or killed. If the driver was killed, the defendant will also likely be charged with reckless homicide.

DUI—Driving under the influence of alcohol or controlled substances is a serious crime. Depending on how many DUIs a driver has on their record, their level of intoxication, aggravating factors, and other characteristics of the incident, a DUI can be charged as a misdemeanor with up to a year in jail, or as a felony with many years in state prison.

Reckless Driving—Reckless driving, such as going 35 miles per hour over the speed limit or getting airborne, is usually charged as a Class A misdemeanor crime, which involves a potential jail sentence, serious fine, and revoked driver’s license. However, if serious bodily injury occurs or a child or crossing guard is injured, the offense is increased to aggravated reckless driving, a Class 4 felony. Careless driving causing serious bodily injury is also a serious traffic offense in Illinois, punishable as a misdemeanor.

Contact a Rolling Meadows Attorney To Keep Out of Jail

Many people charged with moving violations believe that they will be suffer nothing more than a slap on the wrist. If you do not work with an attorney, this could not be farther from the truth. You are likely facing serious fines, points on your driver’s license, and potentially jail or prison time. We urge you to call skilled Rolling Meadows criminal defense attorney Christopher M. Cosley at 847-394-3200 for legal representation today.

 

Sources:

https://news.wttw.com/2017/08/24/traffic-fatalities-illinois-rise-2017

http://apps.dot.illinois.gov/fatalcrash/snapshot.html

Reckless Homicide Charges in Motor Vehicle Accidents

October 28th, 2015 at 6:43 pm

Illinois defense attorney, Illinois homicide statutes, Illiois criminal attorney,Accidentally killing another person with a vehicle is a tough thing to live with, and while the defendant never meant to take a life, he or she will likely be prosecuted if there is evidence to suggest that the driver acted negligently in some way, and that the negligence led to the death. Frequently, defendants in these types of situations find themselves facing criminal charges, and based on the facts surround the fatal accident, additional charges can be brought against the defendant as well that carry more severe penalties.

Reckless Homicide, Plus Other Charges

The exact details of the accident can have an impact on what charges can be brought against the defendant. As an initial matter, when a motor vehicle accident results in a fatality, an allegedly negligent driver is usually charged with reckless homicide under 720 ILCS 5/9-3, which is a Class 3 felony that carries a jail sentence of between two and five years. But other negligent actions can add to the charges.

For example, the penalties for a driving under the influence conviction are severe enough on their own, but when a death occurs, prosecutors charge defendants with everything in their arsenal. When a fatal accident results from someone driving under the influence of drugs or alcohol, the defendant can be charged with aggravated DUI under 625 ILCS 5/11-501(d)(1)(F) in addition to the reckless homicide.

Where the fatal accident takes place can serve as evidence of negligence, this can result in enhanced penalties and additional charges. For instance:

  • Work zone. Under  720 ILCS 5/9-3(e-7), a fatal accident occurring in a work zone  (i.e., a construction zone or maintenance zone), is a Class 2 felony that carries a jail sentence of three for 14 years. If multiple people are killed as a result of the accident, the sentence minimum and maximum double to six to 28 years under 720 ILCS 5/9-3(e-8).
  • Under Officer’s Orders. Also under 720 ILCS 5/9-3(e-7), if a driver fails to obey a law enforcement officer’s orders and causes a fatal accident, the driver will be charged with a Class 2 felony carrying a jail sentence of three to 14 years.  If multiple people are killed as a result of the accident, the sentence minimum and maximum double to six to 28 years under 720 ILCS 5/9-3(e-8).
  • School zone. Under 720 ILCS 5/9-3(e-2), a fatal accident occurring on a public thoroughfare where either school children or a crossing guard are present is a Class 2 felony, which can carry up to three to 14 years of jail time. If multiple people are killed as a result of the accident, the sentence minimum and maximum double to six to 28 years under 720 ILCS 5/9-3(e-3).

Call the Law Offices of Christopher M. Cosley

Simply because you accidentally killed another does not necessarily mean that you or someone you love was negligent. Fight the charges. Please contact an experienced Rolling Meadows aggravated DUI lawyer immediately. Call the Law Offices of Christopher M. Cosley. Our phone number is (847) 394-3200.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K9-3

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501

Back to Top Back to Top Back to Top