Michigan First Degree Murder
First-degree murder charges are the most severe level of homicide charges under Michigan law. Assigning the charge requires proof beyond any reasonable doubt that the actions of the accused were planned in advance. The prosecution will work hard to establish this to warrant a first-degree murder charge and conviction. Trust Michigan’s best criminal defense team to be a competent, experienced, and aggressive advocate if you’re accused of murder.
The legal term for advanced planning and consideration of committing a homicide is known as pre-meditation. Because pre-meditation is difficult to prove, the prosecution will not pursue this level of murder charge unless they feel they can provide solid evidence.
Gentry Nalley is well-versed in Michigan’s judicial system, so we not only know the tactics the prosecution will likely use to obtain such evidence, but we also know how to prove reasonable doubt when evidence is acquired with these tactics. When evidence of pre-meditation can be discredited, the prosecution may choose to reduce the charges from first degree murder to second degree murder or manslaughter.
Once reasonable doubt is established, the first-degree murder charge is discredited and can result in a lesser charge, or even in the case being dropped
Additionally, certain circumstances can also elevate a murder charge to first degree. These include:
- Felony Murder: Even though the act wasn’t premeditated, taking a life while committing other felonies can classify the homicide as first degree murder.
- Murder of a Peace Officer: Knowingly and deliberately taking the life of a uniformed law enforcement or conservation officer while performing their duty classifies the murder as first degree.
Penalties for Michigan Homicide Charges
There is no death sentence under Michigan law; however, charges of first-degree murder are punishable by life in prison with no possibility of parole. If murder cases are tried under federal laws, they may result in the possibility of the death penalty.
Charges of second-degree Murder in Michigan (defined by Michigan law as the 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) are punishable by varying numbers of years in prison, depending on the circumstances.
Charges of manslaughter in Michigan (including voluntary and involuntary) are punishable by imprisonment of not more than 15 years and a fine, depending on the factors of the case.
The Gentry Nalley team knows a murder case can hinge on the smallest of revelations or details. We also understand how and when to strategically reveal such details in order to impact your case. Gentry Nalley will work hard to discover and use the truth to create the best defense possible for you.
