Legal Question in Criminal Law in Illinois

Felony Murder

There are a group of five men in a van sitting in front of another man's house. Two of the men in the van exit and go to the door. The man who resides in the house is not in the residence, but down the street with a friend when he sees the two men approaching his home. He then opens fire on the men and instead shoots a little girl. Is his murder justifiable as self-defense? Is it appropriate to say that all of the men in the van and the shooter's friend should all be charged with Felony Murder based on the group's mob action?


Asked on 9/23/03, 10:18 pm

1 Answer from Attorneys
Mary McDonagh McDonagh-Faherty Law Offices

Re: Felony Murder

No, that does not sound like self defense - self defense involves a justifiable form of defense in the face of immediate threat - if the man was not threatened by these men then he had no reason to open fire. I am assuming however that these men were carrying weapons. If they were and the man saw them and thought they were turning their weapons on him then maybe self defense would be warranted. However, he is going to have a tough time proving that one. As far as the rest of the men in the van, I am not sure how they can be charged with murder unless this scenario of yours plays out differently then what it seems. There are a lot of possibilities but it depends on the exact circumstances. Be sure to hire a lawyer is what I recommend for all of these people.

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Answered on 9/23/03, 11:05 pm


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