Michigan criminal defense – (248) 588-3333 – Homicide
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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.
What is first degree murder?
Under Michigan law, first degree murder is any willful, deliberate, or premeditated killing, particularly those that involve ambushes or poison. First degree murder also includes “felony murder” and the murder of an on-duty police officer. “Premeditation” simply means that the perpetrator spent some significant amount of time thinking before killing the victim. Even a moments pause or “thinking twice about it” is enough to constitute premeditation. “Deliberate” or “deliberation” means that the killer was relatively calm and collected when they performed the killing.
In cases of murder involving the murder of a police officer, the killer must have known that the victim was a police officer. Also, the prosecution does not have to show that the killer specifically intended to kill the officer as long as they can still prove malice.
First degree murder carries a mandatory life sentence, making it a class A felony.
What is felony murder?
Felony murder occurs when someone is called 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
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 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).
What is manslaughter?
Manslaughter is any unlawful killing that isn’t a murder. Manslaughter can be either voluntary or involuntary.
What is voluntary manslaughter?
A voluntary manslaughter is any killing that would be considered a murder except for the fact that it resulted from a heat of passion triggered by adequate provocation.
In order to be “adequate” the provocation must meet a four part test
- The provocation would have caused a sudden and intense passion for any ordinary person it was directed at.
- The defendant must have actually been provoked. In Michigan, insulting words alone are usually not enough to be adequate provocation.
- There must be no significant cooldown period between the provocation and the killing. (stewing on it for 24 hours then going through with the murder does not fly in Michigan).
Voluntary manslaughter is a class C felony (15 years).
What is involuntary manslaughter?
There are three forms of involuntary manslaughter in Michigan. The first form is where there defendant has unintentionally caused someone’s death and did so by acting in a “grossly negligent” manner. A reasonable person in that person’s position would have realized the danger their conduct would create. That person must be aware of the danger and be capable of avoiding the harm.
The second form of involuntary manslaughter happens when someone kills in self-defense but did so with excessive force or in a grossly negligent manner.
The third form of involuntary manslaughter is known as “misdemeanor manslaughter”. Misdemeanor manslaughter is similar to felony murder except the killing happens during the commission of a misdemeanor crime rather than a felony.
Involuntary manslaughter us a class C felony (15 years). It also carries a possible $7500 fine and/or restitution to the victim’s family. It can also be accompanied by a wrongful death lawsuit from said family.
What is statutory manslaughter?
A person can be charged with statutory manslaughter for pointing a gun at someone without malice, if doing so results in the death of that person. This carries the same penalty as involuntary manslaughter. A police officer cannot be charged with statutory manslaughter.
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 if I cause someone’s death due to a traffic violation?
Then you are guilty of the crime known as “moving violation that results in death”. A moving violation is any act or failure to act which violates the Michigan vehicle code or any local automobile ordinance. This is a misdemeanor (up to 1 year in prison/ $2,000). The prosecutor does not need to prove gross negligence, only that you actually committed the moving violation.
What if I cause an injury, but they don’t die from it for over a year? Is that still homicide?
Yes, long as your actions were a cause of that person’s death, it does not matter how long it takes them to succumb to their injuries.
What if the victim’s death was partially the result of their own negligence/carelessness? Can I still be charged with homicide?
The contributory negligence of the victim is not a defense to a homicide. That being said, the jury may still consider the possibility that the victim’s negligence, rather than your actions, was the proximate cause of their death. This might result in your acquittal, so it is beneficial to you to introduce evidence of the alleged victim’s careless or negligent conduct during a homicide trial.
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. The classes are as follows:
- 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.
- Class B: Up to 20 years. Includes second degree arson and the production of child pornography.
- Class C: Up to 15 years in prison. Includes manslaughter and robbery.
- Class D: Up to 10 years in prison. Includes embezzlement or larceny (of more than $20,000).
- Class E: Up to 5 years in prison. Includes shoplifting and third degree home invasion.
- Class F: Up to 4 years in prison. Includes possession of less than 5 grams of marijuana.
- Class G: Up to 2 years in prison. Includes: Includes a repeat offense of domestic assault and writing bad checks worth more than $500.
- Class H: Punishable by less than 2 years in prison or by alternative penalties such as probation or electronic monitoring. Includes false representation or using stolen ID to commit another felony.
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 are involved in crimes?
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.
- Knowingly: You must have acted knowing that the unlawful harm or result was certain or very likely to occur.
- Recklessly: You must have deliberately disregarded a substantial and unjustified risk that the unlawful harm/result would occur. Furthermore, this disregard must be a severe departure from the standard of careful behavior expected from a reasonable person.
- Negligence: You must have failed to be aware of a significant and unjustified risk that the unlawful harm/result would occur. This failure of awareness must be a significant departure from the level of care and prudence expected from a reasonable person. The violation of some statutes such as speed limit laws can be used as evidence of negligence.
Some criminal statutes use more unique states of mind as requirements for conviction. Certain legal defenses (like voluntary intoxication) are only available for specific intent crimes. Examples of “specific intent” crimes are as follows:
- Solicitation: must have intended to have the solicitee commit the crime
- Attempt crimes: must have intended to complete the crime
- Conspiracy: must have intended to complete the crime
- First degree murder (depending on the statute): must have had a premeditated intent to kill
- Assault: must have intended to commit a battery
- Larceny/robbery: must have intended to permanently deprived the rightful owner of their property
- Burglary: must have entered the dwelling with the intent to commit a felony
- Forgery: must have intended to defraud your victim
- False pretenses: intent to defraud
- Embezzlement: intent to defraud.
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.
The final category of mental state is strict liability. These are crimes such as selling liquor to minors or statutory rape. This category of crime does not require you to have awareness of all of the relevant facts (such as a certain person being younger than 18 or 21). So long as you knowingly and voluntarily performed the underlying act (selling alcohol or having sexual relations) you can be convicted of a strict liability crime.
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