Michigan criminal defense – (248) 588-3333 – Homicide-Felony Murder
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What is felony murder?
Felony murder occurs when someone is killed during the commission of a dangerous felony. Michigan law defines “dangerous felony” as any one of the following felonies:
- kidnapping
- criminal sexual conduct (i.e. rape)(first, second, or third degree)
- larceny
- robbery
- carjacking
- extortion
- abusing a vulnerable adult (first or second degree)
- breaking and entering
- home invasion (first or second degree)
- child abuse (first degree)
- substance abuse (of a major controlled substance)
- arson
- torture
- aggravated stalking
- unlawful imprisonment
Felony Murder is a homicide crime. It is considered a Class A felony.
In Michigan, the killing of a co-felon does not count as felony murder. If one of the felons or a police officer responding to the felony kills someone, then all of the co-felons are equally guilty of felony murder. While Michigan requires proof of malice, dangerous felonies often carry a high risk of death that makes it easy to imply malice.
The rationale behind criminalizing felony murder is acknowledging the fact that the person who commits or participates in a dangerous felony that is endangering bystanders. Therefore, they should be penalized if the danger they created ends up getting someone killed, especially if they themselves are the killer.
What is Homicide?
Homicide is a category of crimes involving the killing of a human being. Some homicides are justifiable and therefore legal, but any killing not authorized by law is a serious crime.
Most homicides require the mental state of “malice”. Malice involves any of the following:
- Intent to kill
- Intent to cause serious bodily harm
- Intent to create a severe risk of death or bodily harm while demonstrating a reckless disregard for human life.
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 kind of mental state does the prosecutor need to prove for a felony murder conviction?
Felony murder is unique among crimes in Michigan. It Only requires the conviction for the enumerated dangerous felony. The only mental state that needs to be proven is that you voluntarily committed the crime which is the basis for the felony murder charge.
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