Understanding First Degree Murder Charges
Charges of first-degree murder in Michigan are punishable by life in prison with no possibility of parole. Michigan law does not allow a death sentence; although, certain murder cases can be tried under Federal statutes, which do carry the possibility of the death penalty. First-degree murder charges in Michigan demand a thorough, competent and aggressive team.
Proving a charge of first-degree murder requires the prosecution to establish beyond any reasonable doubt that the accused thought out and planned the homicide before the event took place. This is known in legal circles as pre-meditation. Without very specific evidence, this is extremely difficult to prove. Gentry Nalley uses every strategic defense tactic available to discredit evidence that can be used to prove this level of homicide charge.
There are also other categories of first-degree murder that have special circumstances:
- Felony murder (premeditated or non-premeditated): This involves taking a life while committing another felony charge.
- Murder of a peace officer: These charges involve knowingly taking the life of a law enforcement or conservation officer while they were in uniform and performing their duty.
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What You Need to Know About Second Degree Murder Charges
Charges of second-degree murder in Michigan are punishable by varying numbers of years in prison. The sentence is determined by the trying court and depends on important factors in the case.
Second-degree murder is an unplanned, but intentional taking of another person’s life, or any death that results from actions or neglect resulting from a disregard for human life. The primary difference from first degree murder is the factor of pre-meditation.
Delivery of a schedule 1 or 2 controlled substance that causes a death can also be considered a second-degree murder and can possibly result in life imprisonment.
Gentry Nalley attorneys know how specific circumstances can change the entire nature of a homicide case. Our knowledge of the courts and how they operate works in your favor. We work with you to explain your actions and showcase mitigating circumstances that can possibly reduce your sentence, or the level of charges against you.
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Michigan Manslaughter Charges
Many people are surprised that Michigan does not clearly define what constitutes manslaughter. Instead, manslaughter charges are divided into two separate categories: voluntary and involuntary.
- Voluntary manslaughter: This is intentional homicide but without premeditation. An example of this would be an emotionally charged situation where the accused intended to cause death “in the heat of the moment” and without any break in events to calm down and control their actions.
- Involuntary manslaughter: This occurs when an unintentional homicide takes place due to criminal negligence.
How manslaughter charges are greatly affected by the surrounding circumstances, which could result in up to 15 years of imprisonment and a fine.
Let the Michigan manslaughter lawyers at Gentry Nalley provide you with the best defense against manslaughter charges. We’ll make every effort to mitigate the impact of what took place to reduce charges or sentencing.
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