In Michigan, first degree charges require the prosecution to establish beyond a reasonable doubt that the accused thought out and planned the homicide before the event took place. This is known in legal circles as premeditation.
The good news is that this is extremely difficult to prove without specific evidence. Thanks to our decades of experience handling these cases, Gentry Nalley knows how to use every defense tactic available to discredit evidence that may be used to prove a first degree murder 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.
With so much at stake, you need a legal team that has a proven record of successful defense to help you with your first degree murder charge.
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The primary difference from first degree murder is the factor of premeditation.
Second-degree murders in Michigan are classified as intentionally taking another person’s life without planning to do so. This also includes any death that results from actions or neglect resulting from a disregard for human life, or using a substance that causes a death.
The defense attorneys at Gentry Nalley know how to handle specific circumstances that can change the entire nature of a homicide case.
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In the state of Michigan, there are two categories of manslaughter that determine the severity of a sentence:
- 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.
Like second-degree murder charges, manslaughter charges are greatly affected by the circumstances and contributing factors surrounding the event.
Knowing this, it’s important to work with experienced defense lawyers like Gentry Nalley to mitigate the impact of your actions and circumstances in order to reduce charges and sentencing.
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Penalties and Consequences for Murder and Manslaughter Charges in Michigan
A person convicted of first-degree murder in Michigan could see life in prison with no possibility of parole. And while Michigan law does not allow a death sentence, certain murder cases can be tried under Federal statutes, which do carry the possibility of the death penalty.
Charges of second-degree murder in Michigan can be punished by years in prison, with the maximum punishment being a life sentence. The sentencing depends on important factors in the case and is determined by the trying court.
Michigan manslaughter charges are punishable by a maximum of 15 years imprisonment and fines, which depend on the specific factors that weigh on the case.
The Michigan murder lawyers at Gentry Nalley understand the consequences of a conviction, which reach far beyond the sentence. This includes a damaged reputation that can last a lifetime, along with the emotional devastation surrounding murder cases, especially for the accused’s family.
Because we understand the gravity of a murder charge, our murder lawyers fiercely fight to prove your innocence with unwavering determination, using every means possible to clear you of these weighty charges.
