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Voluntary manslaughter crime in Illinois

On Behalf of | Sep 20, 2023 | Criminal Defense

Illinois categorizes taking someone’s life into two main groups: murder and manslaughter. The former, which carries incredibly significant penalties, requires premeditation or intent to kill, while the latter can occur due to serious provocation or recklessness.

Understanding voluntary manslaughter

According to Illinois Law, specifically 720 III CS 5/9-2, voluntary manslaughter occurs when someone causes the death of another due to “an overwhelming and strong emotional response triggered by a significant provocation.” This means that if a person is so provoked or angry that they cannot think straight, their criminal defense attorney could argue that they were not in control of their actions.

Serious provocation

The only difference between murder and manslaughter is the presence of a serious provocation. The courts will consider whether something is a “serious provocation” depending on the situation, but in general, it must be something that would lead a reasonable person to act out violently. For example, if a parent caught someone beating their child and reacted in the heat of the moment without taking time to think, and the action resulted in death, the state might charge them with voluntary manslaughter rather than murder.

Penalties for voluntary manslaughter in Illinois

Voluntary manslaughter falls under Class 1 felonies in Illinois. If the court finds the defendant guilty, they can sentence them to between four and fifteen years in prison. The judge may also impose a fine of up to $25,000. Factors, such as the vulnerability of the victim, the defendant’s criminal history, mental capacity and the brutality of the crime, can also affect this sentencing.

Defenses for voluntary manslaughter

Common defenses include self-defense, defense of another person and any lack of intent or provocation. In addition, if the victim provoked the defendant through an extreme act that would lead any reasonable person to act out, the court could drop the charges or reduce them to a lesser sentence.

Although voluntary manslaughter does not carry as severe a penalty as murder, it is still a serious crime in Illinois and carries significant consequences. If you or someone you love is facing this charge, understanding your rights and how to defend yourself can impact the outcome of your case.