Cleveland, OH asked in Criminal Law and Juvenile Law for Illinois

Q: Can you tell me the maximum and mandatory sentence for a juvenile charged with Murder/intent to kill? In Rock Island, il

I was made aware of possible change to number of years for this charge

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1 Lawyer Answer
William Wolf
William Wolf
Answered
  • Criminal Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: Your question requires more information. If you're asking this question on the juvenile's behalf, you really need to be asking this question of his or her lawyer.

I assume that this juvenile is being charged as an adult. The minimum for first degree murder is 20 years in the Illinois Department of Corrections where the prisoner must serve all of the time.

If a firearm was used to commit the murder by shooting the victim, then there are mandatory enhancements that used to apply to everyone, but now only apply mandatorily to adults (18 and over). Those enhancements would change a 20-60 year sentencing range to a 45-life sentencing range.

There is a new statute that states that judges can depart from this mandatory enhancement and not impose it with respect to juveniles. There is also a lot of litigation that has just happened in the courts (where I believe that the final word has not yet been written) where life sentences or sentences so long that they are in effect, life sentences (the courts are calling these de facto life sentences) are frowned upon, but as I understand it, still possible.

This person who is charged requires an effective advocate who can, with the specific facts of his or her case, with knowledge of the developing law, fight for a sentence that is as low as possible assuming the battle at trial is lost.

I hope this helps. For more information, consult with a qualified criminal defense lawyer.

Juan Ooink agrees with this answer

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