Homicide – (248) 588-3333 – Manslaughter
What is manslaughter?
Manslaughter is any unlawful killing that isn’t a murder. Manslaughter can be either voluntary or involuntary.
Manslaughter is one of several homicide crimes in Michigan.
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.
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 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. All manslaughter offenses are class C felonies.
What is a class C felony?
- Class C: Up to 15 years in prison. Includes manslaughter and robbery
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 manslaughter 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. Particularly relevant in terms of flawed self-defense manslaughter. In such cases the defendant must have knowingly resorted to the lethal force knowing it had the possibility to kill.
- Gross negligence: A reasonable person would realize just how dangerous their conduct was. Beyond ordinary negligence.
- Adequate provocation: purposely resorted to violence due to a provocation which would drive a reasonable person to a violent rage.
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.
.
.
Click link to schedule a free case evaluation:
https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=13607154
For more information visit our website: https://www.akivagoldman.com/
You can give us a call for a FREE phone consultation at (248) 588-3333
For additional information please click here: https://www.akivagoldman.com/michigan-criminal-attorney/