Understanding Second-Degree Murder in Michigan
In the eyes of Michigan law, second degree murder takes place when someone intentionally kills another person but without premeditation.
This may take place in a variety of ways. For example, a person may kill someone in a fit of rage or while committing a reckless act. In any case, they killed a person on purpose but without planning it in advance.
The biggest difference separating second degree murder from first degree is that these murders involve a perpetrator that did not arrange matters ahead of time to kill someone. Instead, the murder took place spur of the moment, without allowing themselves time to calm down and think matters through.
Common Examples of Second Degree Murder in Michigan
Some may struggle to know exactly what constitutes second degree murder, since it is closely linked to first degree murder but without premeditation.
To give you a clearer understanding, take a look at these common examples of second degree murder:
- Bar Altercation: A fatal fight or altercation in a bar where the accused did not plan the act in advance
- Domestic Dispute: An unplanned, intentional killing during a heated domestic dispute
- Reckless Driving: A person intentionally causes a fatal accident through reckless driving but did not plan the incident beforehand
If you need help understanding your second degree murder charges, let the defense lawyers at Gentry Nalley use their decades of experience to answer any questions as they provide insightful legal representation.
How Michigan Punishes Second Degree Murder
The state of Michigan views second degree murder as a very serious offense, even though it was committed unintentionally. If the prosecution is able to convict someone of second degree murder, an individual may face varying years of imprisonment or even a life sentence, but with the possibility of parole.
The penalties decided by the court will be based on various contributing factors of the case, such as the presence of any aggravating circumstances or other aspects that may have had an impact on what took place.
Michigan Laws That Impact Second Degree Murder Cases
Our murder lawyers have used various Michigan laws and statutes to successfully defend countless clients like you against second degree murder charges.
Here are some of the more important Michigan statutes that have a direct impact on second degree murder charges:
- Michigan Penal Code 750.317: This is a definition of second degree murder according to Michigan law. It also outlines the elements that prosecutors must prove to secure a conviction against you.
- Michigan Penal Code 777.11 et seq.: This provides a framework for sentencing in Michigan. Michigan judges will use this to determine appropriate sentences based on the nature, severity, and factors surrounding a second degree murder charge.
A Proven Defense Against Second Degree Murder Charges
Having successfully faced prosecuting attorneys for decades, the defense attorneys at Gentry Nalley know the common tactics that they often use, how these tactics are supposed to work, and how to defend our clients against them.
A proven approach our defense lawyers use is to strategically call evidence into question, which makes that evidence inadmissible and therefore unusable against you. This can have a major impact when determining the level of punishment you are to receive, as well as potentially reducing your second degree murder charge to manslaughter or even having the charges dropped.
In order to accomplish this, we use all of the resources available to us. These resources enable us to gather the facts and present them in the right way and at the right time to have maximum impact on the prosecution’s case against you.
Michigan Murder Lawyers With the Resources to Successfully Defend Your Case
Since even the smallest detail can be pivotal in a second degree murder case, you need a proven legal team with the determination, experience, and resources necessary to investigate your case and build a solid defense.
The murder lawyers at Gentry Nalley will use our many resources and legal connections available to defend you against your second degree murder charges. We won’t rest until we acquire every possible piece of evidence while also examining any applicable law or legal precedent to gain an advantage over the prosecution.
A second degree murder charge can have devastating effects on anyone, regardless of what happened. Let Gentry Nalley’s murder attorneys provide the legal help you deserve by carefully developing a legal strategy to create the best outcome possible.
Not only will we work day and night to provide you with the best possible defense, but a member of our legal team will also walk with you through each step of the legal process and provide regular updates on your case to provide the support and help you need.
Get Help From Our Michigan Second Degree Murder Defense Lawyers Today
Our Michigan defense attorneys are ready to help you if you’re facing second degree murder charges.
Let our legal team personally assess your situation in order to create the best defense possible for you.
Contact us today by calling (517) 552-4092 or use our contact form.