Michigan Homicide Charges

Murder 1 is the most serious charge that can be brought in Michigan. If convicted of First Degree Murder, a defendant is required by law to serve the rest of their life in prison, without the possibility of parole. Murder 1 charges fall into two categories: (1) premeditated murder, and (2) felony murder. Each of these different kinds of murder contain separate elements, but both of them can meet the requirements of Murder 1.

Second Degree Murder is also punishable by life in prison, but unlike Murder 1 it is not mandatory that a defendant serve natural life. Murder 2 may be punishable by any term of years set by the court. The elements of Murder 2 can be somewhat confusing because there are multiple “intent levels” that can sustain a conviction for Murder two.

The basic elements that need to be proved – beyond a reasonable bount – in order to be convicted of Murder 2 are:

In order to establish “malice”, the prosecutor must show that the defendant either:

Manslaughter is a crime that is punishable by 15 years in prison. It is often described as murder that occurs “in the heat of passion.” It is a killing that it without malice and without premeditation. Because of the split second during which premeditation can take place, it takes a skilled attorney to argue a Murder 1 or 2 charge down to Manslaughter.

An Involuntary Manslaughter conviction, like that of Manslaughter, can result in a sentence of 15 years in prison. As the name indicates, in order to be convicted of Involuntary Manslaughter, the prosecutor must prove that a killing took place, without malice and unintentionally, but took place while the defendant was doing some unlawful act not amounting to felony nor naturally tending to cause death or great bodily harm, or in negligently doing some act lawful in itself, or in negligently omitting to perform legal duty. More simply, Involuntary Manslaughter is an accidental killing.