Murder is the Most Serious of Charges in Michigan

Murder Charges in Michigan

“The leading rule for the lawyer, as for the man of every calling, is diligence”
— Abraham Lincoln
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Defending Murder Charges in Michigan

In Michigan, a murder or homicide conviction carries with it the most severe penalties that the Michigan Legislature has allowed, which is life imprisonment.  As Michigan murder lawyers, we understand that murder cases are emotionally devastating for all involved, especially including the family of the accused.  With a Murder charge, the stakes are extremely high, if the jury comes back with a guilty verdict, you or your loved one is going to prison possibly for the rest of their life.  Because of this, you need to aggressively defend your life by fighting as hard to prove your innocence as you have ever fought for anything before.

First Degree Murder

Viewing Michigan’s First Degree Murder Statute, MCL §750.316, there are three separate ways to be found guilty of First Degree Murder.  First, murder perpetrated by means of poison, lying in wait, or any other willful, deliberate, and premeditated killing is considered First Degree Murder. This is the most common type charged, as a usual set of facts includes somebody planning, thinking about the killing, and then actually killing another. A wife poisoning her husband, a retaliation hit in a drug case, and a revenge killing are all examples of this. Fighting premeditated murder cases should be left to criminal lawyers, like us, with extensive experience with cases involving murder.

Felony Murder

The second type of First Degree Murder is a murder committed in the perpetration of, or attempt to perpetrate, arson, criminal sexual conduct in the first, second, or third degree, child abuse in the first degree, a major controlled substance offense, robbery, carjacking, breaking and entering of a dwelling, home invasion in the first or second degree, larceny of any kind, extortion, kidnapping, certain types of vulnerable adult abuse, torture, or aggravated stalking.  This type of murder is better known as Felony Murder.  In these situations, there are times when somebody may just be along for the ride and find themselves suddenly staring down a life sentence.

Murder of a Police Officer

Third, a murder of a peace officer or a corrections officer committed while the peace officer or corrections officer is lawfully engaged in the performance of any of his or her duties as a peace officer or corrections officer, knowing that the peace officer or corrections officer is a peace officer or corrections officer engaged in the performance of his or her duty as a peace officer or corrections officer. These situations involve when police officers are killed in the line of duty. The elements of premeditation are left behind, and something that may have seemed to have been accidental to the accused becomes murder. These cases carry extreme emotion, however, there are ways of fighting and winning murder cases against police officers. You just have to have lawyers with the courage to do what it takes to win.

First Degree Murder Penalty

First Degree Murder carries with it a mandatory life imprisonment without the possibility of parole.  There is no other charge in Michigan where the stakes are so high.  One wrong move with the defense and your life is gone.  You need to file cutting edge motions, hire the most experienced expert witnesses, and have a solid defensive strategy in place if you want to have any chance of winning your first degree murder case.

Second Degree Murder

Per MCL §750.317, the Michigan Second Degree Murder statute, a conviction for second degree murder can result in a conviction of up to life in prison.  The second degree murder statute is broad and encompasses many different situations.  In addition to the normal murder situations, we have seen an increase in prosecutors charging second degree murder for crimes such as drunk driving causing death.  As with first degree murder, the second degree murder will result in a major prison term up to life.  You must fight your second degree murder charge if you want to have any chance of saving your life.

Although there are many different ways a murder could be considered a second degree murder in Michigan, the most common is when there is no premeditation before the killing. An example would be somebody who kills another in a bar fight. They didn’t plan it, but they decided to beat the person to death.

Michigan Murder Charge Defenses

Murder cases can be defended in a wide variety of ways. For example, intent is generally a major issue. Did the accused actually intend to kill? State of mind such as whether the person was insane at the time is also important. Sometimes, the battle at trial is whether the accused committed murder or voluntary manslaughter. These defenses can only be honed and brought forward in a convincing way by criminal lawyers who are experienced in the most serious of crimes. We are those lawyers, so call us today to discuss your case.