720 ILCS 5/9-1
In Illinois, first-degree murder involves the intent to kill, the intent to inflict great bodily harm, or the knowledge that one’s act or actions have a strong probability of death or great bodily harm causing the death of another. Typically, first-degree murder carries a sentencing range of between 20 and 60 years in prison with the accused having to serve 100% of such term. If the person is found to have personally discharged a firearm at the time of the offense, the sentence can be enhanced to include an additional 25 years. Where Illinois does not have the death penalty, the maximum term of imprisonment can be life without the possibility of parole.
Illinois employs the felony murder rule, which provides that if a killing occurs during the commission of a forcible felony, regardless of intent, one can be charged with first-degree murder.
Second-degree murder is when someone commits first-degree murder but there is a mitigating circumstance, including an intense provocation or where someone believes deadly force is necessary in self-defense, but is mistaken. The terms of imprisonment for second-degree murder, a Class 1 felony, is between 4 and 20 years in prison.
Under no circumstances should murder charges be taken lightly. With an entire future at stake, it is essential you consult with and are represented by a qualified and experienced criminal defense attorney.