Homicide

Homicide

A charge of homicide (Murder) can be devastating, confusing, and emotionally damaging. DO NOT handle it alone. Allow Martin Foldie Law to fight for your freedom and your family. Our trusted firm is invested in your interests and will fight hard to get you the best possible outcome. 

First Degree Murder

First Degree murder is the most severe charge in our legal system that can be leveled against you. A conviction of First Degree Murder REQUIRES a judge to sentence a defendant to ‘Life in Prison’ without parole. This is why Martin Foldie Law will aggressively fight to defend your freedom.

In order to successfully prosecute a first degree murder charge, the prosecution must prove:  

  1. Willfulness 
    • The accused murderer must have committed the act with purposeful intent. 
  2. Deliberation  
    • The accused murderer must have weighed their options and actively decided to commit the homocide. 
  3. Premeditation  
    • The accused murderer must have decided to carry out the homocide before committing the actual act. 
Sometimes these actions are carefully planned out and executed, however that is not always the case. The processes of deciding to commit murder and follow through with that intent only takes a matter of seconds.  
Other Qualifiers  
There are some instances where a person commits a violent act without the intent to murder, but can still be charged with felony murder should a person be killed in the process. Felony Murder carries the same penalty as first degree murder (Life without Parole).
Instances of crimes where this can occur include:
  • Arson  
  • Breaking and Entering 
  • Carjacking 
  • Extortion 
  • Kidnapping 
  • Sexual Assault 
  • Robbery 
In addition, killing a peace officer or corrections officer while they are lawfully upholding their duty can result in a first degree murder charge.

Second Degree Murder 

While first degree murder is thoroughly and precisely defined, what falls under the guise of second degree murder can vary, filling the gap between first degree murder and voluntary manslaughter. Because the cases and charges can vary, second degree murder charges often prove more stressful and devastating than first degree murder charges.

In second degree murder, the act must be committed: 
  • Impulsively, but with violence in mind.  
  • Unintentional killing as a result of bodily harm.  
  • Committed unintentionally as a result of a violent crime not covered in potential first degree murder charges. 

Open Murder

An open murder charge allows the defendant to be accused and potentially charged with a multitude of murder and/or manslaughter charges. This charge is present in the state of Michigan and upheld by the Michigan Supreme Court, so it is important to trust in an attorney that has practiced law in Michigan. Trust Martin Foldie Law to protect your liberties. 

Experienced

Dedicated

Honest

Bay City Office

Lansing Office