Homicide – (248) 588-3333 – Second degree murder
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What is second degree murder?
Second degree murder is any murder that is not first degree murder. This includes “common law murder” which is any killing done with malice. Due to the fact that second degree murder can also be punished by life in prison, it is a class A felony (up to life in prison).
Does the prosecutor have to specify a particular murder charge they are bringing against me?
No, they do not. Michigan law allows the prosecution to bring a charge of “open murder”. At that point they are free to try to make a case for any murder or manslaughter charge they please and the defendant can be convicted of any one of them.
What makes a crime a felony or a misdemeanor?
A misdemeanor is any crime whose maximum penalty is less than a year in prison, or punished solely by a fine.
A Felony is a crime Punishable by death or more than a year in prison. However, Michigan abolished the death penalty for all crimes except treason in 1847. Death penalty for treason was abolished in 1962. Therefore, felonies for state crimes in Michigan are determined solely by possible prison sentence. Michigan citizens can still be put to death by the federal government for federal crimes committed in Michigan.
Felonies in Michigan are divided into 8 “classes” designated by a letter of the alphabet. Each class is defined by the maximum sentence for that offense.
What is a class A felony?
- Class A: punishable by a life sentence or any sentence greater than 20 years. Includes first and second degree murder, assault with a deadly weapon, and first-degree criminal sexual conduct.
What does the prosecutor need to prove in order to convict me?
In order to obtain a valid guilty verdict, the prosecution must prove beyond a reasonable doubt that you performed the specific physical act (actus reus) while having the specific mental state (mens rea) described in the statute you are being charged under.
The physical act must be voluntary (getting pushed or being unconscious doesn’t count) and can also include spoken words. It can also include the failure to act when you have a legal duty to take certain actions. Examples of such duties include:
- Statutes: requiring you to file tax returns, report accidents, etc.
- Any contract requiring you to take certain actions (such as those for nurses and lifeguards)
- A special relationship such as a parent and a child which creates an elevated duty of care
- A Good Samaritan law which creates a duty to continue to help once you start to assist someone in trouble.
- You can also be charged with failing to help someone if you were the one who put them in danger.
In order for a duty to act to be legally effective, you must be aware of the duty and be reasonably capable of performing the acts required by that duty.
What kinds of mental states is involved with second degree murder?
Most criminal statutes use one of several mental states that are widely used in criminal law. These crimes are known as “general intent” crimes. The mental states involved in such statutes are as follows:
- Purposely: you must have specifically intended to perform the act or create the result described in the statute.
Some crimes, like arson and certain forms of murder are called “malice crimes” because they require the mental state of malice. Malice is a reckless disregard for the extreme or obvious risk of a harmful event occurring.
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