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Other products and services may be trademarks or registered trademarks of their respective companies. In some states, mere negligence, which happens when a driver doesnt act with the same level of care that a reasonable person would under the circumstances, is enough to support a vehicular homicide charge. 720 ILCS 5/9-3 (a) Reckless Homicide Sentence Reckless homicide is a Class 3 Felony. I highly recommend Paul Chatzky as a high capable and honest attorney who genuinely cares about his clients and is highly committed to supporting their best interests. If the reckless homicide offense occurs in a work zone or if the defendant refused or failed to comply with a lawful traffic control order from a traffic control aide or police officer, then the offense is a Class 2 felony, which carries 3-14 years of imprisonment. An autopsy found she suffered a broken femur, broken pelvic bone and thermal internal damage from heat, prosecutors said. Cook County Judge David Navarro ordered Washington held on a $150,000 bail, according to court records. She leaves behind a husband and son, according to an online fundraising page. Reckless Homicide: Texting Can Be Fatal. 555 Skokie Blvd., Suite 500, Northbrook, IL 60062 . Washington allegedly failed a field sobriety test and blew a 0.123 blood-alcohol content in a Breathalyzer test, prosecutors said. Again, the criminal penalties are doubled for this offense if it occurs in a work zone or after failing or refusing to obey a traffic control order and if two or more people are killed. We are open for business and offering phone and video consultations during business hours. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it . The first type involves causing the death of another person while recklessly driving in a manner that's likely to cause death or "great bodily injury." Officers found a label of a Patron bottle and an empty container of cannabis flower, prosecutors said. If you're accused of vehicular or reckless homicide, call an experienced Chicago traffic lawyer with O'Meara Law right away. A common defense to involuntary manslaughter or reckless homicide is to argue that the defendants actions do not rise to the level of reckless activity. Two Aurora Police Sergeants on patrol in the area witnessed the crash and when they drove upon the scene, Figueroa allegedly crawled out of one of the windows and attempted to run. A man who went out for drinks on his 25th birthday allegedly crashed into a rear of another vehicle, sending it flying off I-57 and onto railroad tracks below, killing the driver, Cook County prosecutors say. In Illinois, when you are convicted of involuntary manslaughter or reckless homicide, you have committed a Class 3 felony. A person commits reckless homicide if he or she unintentionally kills an individual while driving a vehicle and using an incline in a roadway, such as a railroad crossing, bridge approach, or hill, to cause the vehicle to become airborne. Washington allegedly failed a field sobriety test and blew a 0.123 blood-alcohol content in a Breathalyzer test, prosecutors said. How Long Do You Go to Jail for DUI Manslaughter in Illinois? Judge, Presiding. (d) Sentence. (c) (Blank). Under Illinois law, involuntary manslaughter is the unjustified and unintentional killing of a person, when the defendants lawful or unlawful actions are likely to cause death or serious bodily injury to another individual. We're always interested in hearing about news in our community. 2023 Davi Law Group, LLC | 1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189 | 630-580-6373. 38, par. There was a problem saving your notification. Thus, if the vehicular homicide victim is a peace officer killed while performing his or her law enforcement duties. A Class 2 felony carries a jail term of up to seven years. How Will a Lawyer Defend These Kinds of Cases? http://ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K9-3. After a motor vehicle accident, its essential for the underlying criminal homicide circumstances of the collision to be investigated promptly before critical evidence is lost or witnesses disappear. she was charged with only drunken driving. Thus, the defendant would face 6-28 years in the Department of Corrections. Two Aurora police sergeants on patrol in the area witnessed the crash. Immediately following the crash, police told Patch they were not sure whether Figueroa or Cruz-Hernandez was driving the vehicle and therefore could not charge Figueroa in connection with the crash. Cook County Judge David Navarro ordered Washington held on a $150,000 bail, according to court records. The Illinois Homicide statutes (720 ILCS 5/9 et seq.) Drivers are distracted when their attention is drawn elsewhere because they have taken their eyes off the road, their hands off the wheel, or their concentration away from their driving. Free consults: (312) 428-4000. Call us at (847) 616-9993 or chat with us to learn how we can help you. Vehicular manslaughter charges arent limited to the death of a passenger. He spent the evening drinking at Darrins Lounge on the South Side, prosecutors said. Attorney Advertising. 9-3 Amends the Criminal Code of 1961. Cruz-Hernandeaz, a passenger in the vehicle, was pronounced dead at Rush Copley Medical Center about 40 minutes after the crash. Involuntary manslaughter and reckless homicide charges are both class 3 felonies. She died at the scene. Upon receiving the results of forensic evidence and other findings of the investigation, the upgraded charges were authorized by the Kane County States Attorney. (a) A person who unintentionally kills an unborn child without lawful justification commits involuntary manslaughter of an unborn child if his acts whether lawful or unlawful which cause the death are such as are likely to cause death or great bodily harm to some . Tevin Washington is charged with reckless homicide and driving under the influence in the Feb. 28 crash near south suburban Calumet Park, according to a bond proffer prepared by prosecutors. If you or a loved one has been charged with reckless homicide, contact the experienced Rolling Meadows vehicular manslaughter criminal defense attorneys at Dohman Law today for a free initial consultation. Washington allegedly failed a field sobriety test and blew a 0.123 blood-alcohol content in a Breathalyzer test, prosecutors said. Community activists demanded the city install cameras at its beach facilities and offered a $1,000 reward for information leading to the mans arrest. On Monday, officials said her charges were upgraded to reckless homicide and two counts of aggravated drunken driving. If you need legal help with criminal defense, contact us today for a free consultation. If the driver of the vehicle that killed another is under the influence of alcohol or drugs, it is presumed to be evidence of a reckless act unless it can be proven otherwise. She told police she was driving from one bar to another after drinking. Debbie completed her studies. His knowledge base is profound, and he approached my situation with honesty and integrity. Reckless Homicide: 720 ILCS 5/9-3(a) death with reckless conduct involving motor vehicle : Drug Induced Homicide: 720 ILCS 5/9-3.3: . Hi , what type of case do you need help with today? Marshals Great Lakes Regional Fugitive Task Force. To request removal of your name from an arrest report, submit these required items to arrestreports@patch.com. He returned about 20 minutes later and was arrested. For instance, the prosecutor can charge you with reckless homicide and also aggravated drunk driving. It can be anyone. of Lake County. It is an unintentional act. Reckless homicide is often charged in motor vehicle crashes, resulting in a fatality. The exact actions of a driver that gives rise to vehicular homicide vary from state to state. Corrections must be submitted. According to Aurora Police, 27-year-old Stephanie Figueroa of Elm Street in Streator is charged with Reckless Homicide and two counts of Aggravated Driving Under the Influence. The costumes underwhelm and the chuckles are only occasional, but the energetic cast rises above the material. Often, when a death results from another persons negligent conduct, the offender might be charged with involuntary manslaughter. There are some cases where involuntary manslaughter or reckless homicide becomes a class 2 felony (which comes with recommended penalties of 3-7 or 7-14 years behind bars). (Source: Sun-Times Media Wire - Copyright Chicago Sun-Times 2020. Highly recommended. Illinois law also enhances the penalty for reckless homicide depending on the status of the victim. Officers found a label of a Patron bottle and an empty container of cannabis flower, prosecutors said. If you are facing criminal charges involving reckless homicide or involuntary manslaughter, you need a dedicated and relentless DuPage County criminal defense attorneyto help you fight your charges. Stephanie Anselmo and Tevin Washington (Photos via GoFundMe and Illinois State Police. (1) the murdered individual was a peace officer or fireman killed in the course of performing his official duties, to prevent the performance of his or her official duties, or in retaliation for performing his or her official duties, and the defendant knew or should have known that the murdered individual was a peace officer or fireman; or FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. See 720 ILCS 5/9-3 (e-3). Mr. Chatzky is truly superb at his job. Cruz-Hernandez was the only other passenger inside the vehicle and was pronounced dead at Rush Copley Medical Center in Aurora approximately 40 minutes after the crash. A lawyers time and advice are his stock and trade. Two Aurora Police sergeants on patrol in the area witnessed the crash and when they drove upon the scene, they saw Figueroa allegedly crawling out of one of the windows and attempting to run. Drivers who are charged with vehicular manslaughter with no DUI implications can also face enhanced prison sentences if there were aggravating factors, such as causing death in a construction zone or school zone. It requires the astute guidance of a knowledgeable attorney who can chart the best course in your defense. 96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB0524 . All Rights Reserved. It is the location of the offense causes the enhancement. The Jeep burst into flames and went through a concrete barrier, landing below on train tracks, authorities said. RELATED: 1 dead, 1 injured in I-57 crash after car goes off roadway near Riverdale. Debbie was also employed as an administrative assistant for the Board of Jewish Education. She died at the scene. Conviction of such a charge can result in a prison sentence from 5 to 10 years, along with a fine of up to $25,000. It is generally considered a Class 3 felony but in some cases it can be classified as a Class 2 felony. Contact a Skilled Legal Professional for Help. Officers found a label of a Patron bottle and an empty container of cannabis flower, prosecutors said. Illinois Zero Tolerance Law and Underage DUI Char Prevention and Detection of Juvenile Delinquency, Understanding Your Rights in a Criminal Charges Case, Florida School Shooting Prompts a Review of Gun Laws for Illinois Lawmakers. Our Rolling Meadows DUI defense law firm provides a confidential consultation so that we can help you understand your legal options and potential defenses. If you are facing reckless homicide charges in Waukegan, call our Lake County, Illinois criminal defense attorney ASAP for free consult at 847-239-4703. Further, if the victim of the offense is a household or family member of the defendant, then the offense is a Class 2 felony with a potential jail sentence of 3-14 years in the Department of Corrections. The criminal penalties for reckless homicide offense on a public thoroughfare with school children and a crossing guard present are doubled where the offender kills two or more persons. The Toney Law Firm, LLC urges you to act with haste in hiring a competent lawyer. Washington allegedly walked away, prosecutors said. Certain factors could increase the time of imprisonment for up to 28 years. A man has been charged with reckless homicide and DUI in a crash that killed Stephanie Anselmo (pictured) Feb. 28, 2020, on I-57. Involuntary manslaughter and reckless homicide of an unborn child. Other factors include how many victims were involvedand if the chain of events links the conduct of the defendant to the unintentional deaths of at least two victims. An automobile can become a deadly device when operated by a negligent person. Although first-degree murder and second-degree murder involve the intentional killing of a person, involuntary manslaughter is an unintentional type of killing. A man who went out for drinks on his 25th birthday allegedly crashed into a rear of another vehicle, sending it flying off I-57 and onto railroad tracks below, killing the driver, Cook County prosecutors say. The victim of the crash was 39-year-old Stephanie Anselmo, according to published reports. Tagged Distracted Driving Laws, Illinois criminal defense lawyer, reckless homicide, Your email address will not be published. Stephanie A. Figueroa, of the 800 block of Elm Street in Streator, is accused of causing the crash that claimed the life of Obed Cruz-Hernandez, of the 400 block of Smith Street in Aurora, on. 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