What Is the Difference Between Murder and Manslaughter in Illinois?

 Posted on July 16, 2025 in Criminal Defense

A murder charge is as serious as a criminal charge can get. It is more severe than the lesser charge of manslaughter. In terms of conviction, the difference between the two can mean the difference between years or even a lifetime in prison. If you or someone you love has been charged with murder or manslaughter, an experienced Naperville, IL homicide defense attorney can help explain the charges.

What Does Illinois Law Say About Murder?

The Illinois statute for homicide, under 720 ILCS 5/9, includes the definitions of first and second-degree murder. First-degree murder occurs when someone kills another person without lawful justification. The offender either intends to kill, wants to cause great bodily harm, or knows their actions create a strong probability of death or great bodily harm. The penalty for first-degree murder can include 20 years to life in prison. Certain aggravating factors may trigger a mandatory life sentence, such as:

• Murdering a child under the age of 12

• Killing more than one person

• Murdering an on-duty law enforcement or corrections officer

• If the murder involved torturing the victim

• A history of prior violent crimes

• Murdering someone while committing another felony, such as robbery or kidnapping

Second-degree murder is also intentional, but it involves situations where the accused was provoked. For example, assuming you have been charged with second-degree murder, your situation may have caused a reasonable person to act violently, or you may have believed the killing was justified. However, the law states that the belief was unreasonable. While still a felony, second-degree murder carries a lighter sentence than first-degree murder, with a range of four to 20 years in prison.

What Is Manslaughter Under Illinois?

Manslaughter is also covered under the homicide statute, in 720 ILCS 5/9-3. It involves the death of another person, but in general, the intent to kill is missing. In Illinois, involuntary manslaughter occurs when someone unintentionally causes the death of another person because of reckless behavior that shows a disregard for safety. For example, accidentally firing a gun while playing around could lead to manslaughter if someone dies. The same is true for driving at excessive speeds in a crowded area.

Illinois law categorizes involuntary manslaughter as a Class 3 felony. A conviction can carry a prison term of two to five years. Probation may be possible in some cases. However, if the victim is a family or household member, the charge may become reckless homicide, which can involve harsher penalties.

How Do You Challenge Criminal Charges in Illinois?

Building a strong defense for murder or manslaughter requires careful consideration and the help of an experienced defense attorney. Some common defenses for serious criminal charges include:

• Self-defense or defense of others, under 720 ILCS 5/7-1, can be a strong defense if deadly force was necessary to prevent death or severe bodily harm.

• Lack of intent to cause harm could reduce a murder charge to manslaughter or result in dismissal of the charges.

• Mistaken identity or false accusations can be revealed with a thorough investigation.

• Evidence obtained by violating your rights could be excluded from the trial and weaken the prosecution’s case against you.

Arrange a Free Consultation With a Naperville, IL Criminal Defense Attorney Today

When your freedom is at stake, you need an experienced Naperville, IL homicide defense lawyer. The attorney at Law Office of Philip R. Nathe knows the criminal process from both the defense and prosecution sides. Call 630-416-7600 today to schedule a free consultation and start building your defense.