Our Michigan homicide defense attorneys and support staff work tirelessly to produce real results for clients facing the most serious criminal allegations. A homicide case can involve dramatically different charges depending on intent, the circumstances of the death, and the prosecution’s theory. We understand that the defense strategy developed from the beginning can affect a client’s freedom and future, and we take that responsibility seriously.
If you or someone you love is being investigated or charged in connection with another person’s death in Michigan, do not assume that the prosecution’s characterization of what happened is the only one that matters. Get legal advice before giving a detailed statement to investigators and begin protecting your rights as early as possible.
Homicide is a broad legal category. Depending on the facts, a death may lead to allegations ranging from first- or second-degree murder to manslaughter or another homicide-related offense. In other cases, the defense may contend that the killing was legally justified, including through lawful self-defense or defense of another person.
What Homicide Charges Can Be Filed in Michigan?
Michigan law addresses unlawful killings through several different homicide offenses. The prosecution’s charging decision depends on facts such as intent, premeditation, the circumstances surrounding the death, whether another felony was allegedly being committed, and whether a vehicle or other specific conduct was involved.
Potential Michigan homicide charges include:
- First-Degree Murder
Michigan first-degree murder includes a willful, deliberate, and premeditated killing and certain killings committed during specified felonies. For an adult convicted under MCL 750.316, the offense generally carries life imprisonment without eligibility for parole, subject to separate sentencing rules that apply to people who committed the offense as juveniles.
- Second-Degree Murder
Second-degree murder covers killings that constitute murder but do not meet the statutory requirements for first-degree murder. Unlike first-degree murder, it does not require proof of premeditation and deliberation. A conviction under MCL 750.317 is punishable by life imprisonment or any term of years.
- First-Degree Felony Murder
Michigan’s first-degree murder statute includes murder committed during the perpetration or attempted perpetration of specifically listed felonies. It is not a separate lesser form of homicide: when the statutory requirements are proven, felony murder is first-degree murder and carries the first-degree murder penalty.
- Manslaughter
Manslaughter is another form of criminal homicide and can arise in circumstances that do not support a murder conviction. Michigan law makes manslaughter a felony punishable by up to 15 years in prison, a fine of up to $7,500, or both. Whether conduct amounts to murder, manslaughter, or no unlawful homicide at all can be one of the central disputes in a homicide case.
- Deaths Involving Motor Vehicles
A death caused by the operation of a motor vehicle can lead to several different Michigan charges depending on the alleged conduct, including moving violation causing death, reckless driving causing death, or an alcohol- or drug-related operating offense causing death. The elements and penalties differ substantially, so these cases should not be treated as a single generic “vehicular homicide” charge.
- Attempted Murder and Assault With Intent to Murder
Cases in which no death occurred are not homicide prosecutions, but allegations such as attempted murder or assault with intent to murder may involve many of the same disputes over intent, identification, self-defense, and forensic evidence. They are separate criminal offenses and should be analyzed under the statute actually charged.
The potential sentence in a homicide case depends first on the offense of conviction and then on the sentencing rules that apply to that offense and defendant. The distinction between first-degree murder, second-degree murder, manslaughter, and other death-related offenses can therefore be decisive.
When you partner with Ben Hall Law, you partner with a former Michigan police officer, Ingham County prosecutor, and retired Marine Corps veterans who use each of their extensive skills and experience to aggressively advocate for clients to achieve favorable results.
Our Michigan homicide defense lawyers understand how prosecutors approach cases involving a death and how charging decisions can change as evidence is tested. We evaluate the prosecution’s theory, the forensic and physical evidence, witness accounts, intent, causation, and any justification or lesser-offense issues before determining the appropriate defense strategy.
With a former prosecutor on our defense team, we know the prosecutor’s office will have to expend considerable resources to counter our precise case preparation, legal insight, courtroom presence, and exacting representation to obtain a conviction. For most, it is not worth the fight.
If the prosecutor’s office wants to play hardball, they will immediately recognize that our law firm builds each case as if it were going to go to trial and win from day one.
We will always be ready for those who want to take their chances at trial against us.
Homicide Defense for Michigan Law Enforcement Officers
As a former Michigan police officer, Ben Hall knows law enforcement’s role is enforcing laws, maintaining public order, and managing public safety. This includes investigating, apprehending, and detaining individuals suspected of criminal offenses.
We also know that officers face immense pressure from their command, internal affairs, prosecutors, and the public, even when they do the right thing. It’s even worse when, in those small percentage of cases, their actions cross the line.
In today’s social climate, Michigan police officers are under intense scrutiny. They are being subjected to investigations, arrests, and severe charges for placing their lives on the line to protect the public. In the majority of the cases, the officers did nothing wrong.
This is why we are here.
Call us now to learn more about partnering with true legal advocates who believe in you.
Contact a Michigan Homicide Defense Lawyer
You are not just a client when you partner with Ben Hall Law. You are the client. We believe in giving each client the personal attention they deserve because you, your case, and your future are important.
Our Michigan homicide defense attorneys give each client the focused attention and resources required for a case where the stakes can include decades in prison or life imprisonment. We examine the details rather than treating every death investigation as though it presents the same charge or defense.
To learn how we can put our expert legal resources to work for you, contact our trusted legal defense team in Michigan to discuss your case with trusted professionals who believe in you and your case by calling 877-236-4255 or contacting us online.
Your fight is our fight. Let’s get started.
Frequently Asked Questions About Michigan Homicide Charges
Every homicide defense depends on the charge and the circumstances surrounding the death. Potential issues can include self-defense or defense of others, lack of the intent required for the charged offense, mistaken identification, alibi, causation, the reliability of forensic evidence, or evidence supporting a lesser homicide offense rather than the charge selected by the prosecution.
Potential resolutions depend on the evidence and the offense charged. In some cases, disputes over intent, premeditation, causation, justification, or other elements may support dismissal, acquittal, or a reduction to a different homicide offense. Any plea proposal must be evaluated against the strength of the prosecution’s case, the available defenses, and the sentencing consequences of the proposed conviction.
No. The sentence depends on the homicide offense and, in some cases, the defendant’s age when the offense occurred. Adult first-degree murder under MCL 750.316 generally carries life without parole. Second-degree murder is punishable by life or any term of years, while manslaughter carries a substantially lower statutory maximum. Felony murder is included within Michigan’s first-degree murder statute rather than being a parole-eligible form of second-degree murder.
No. Michigan does not impose the death penalty. That does not mean every homicide conviction results in a life sentence: sentencing depends on the specific offense. First-degree murder carries the most severe penalty, while second-degree murder, manslaughter, and other homicide-related offenses have different sentencing provisions.
The limitations period depends on the offense. Michigan law allows a murder charge to be filed at any time. Other homicide-related offenses can be subject to different limitation periods, so the precise charge and the law applicable to the date of the alleged offense must be reviewed.