Homicide

Homicide

A charge of homicide (Murder) is devastating, confusing, and emotionally damaging. DO NOT handle it alone. Allow Martin Foldie Law Law to fight for your family. Our trusted firm is invested in your interests and will fight hard to get you the best possible outcome.  
As we’re busy preparing and arguing for your case, we at Martin Foldie Law want to help you understand Michigan Homicide laws.

First Degree Murder

First Degree murder is the most severe charge in our legal system. A conviction of First Degree Murder REQUIRES a judge to sentence a defendant to ‘Life in Prison’ without parole. Knowing this, we at Martin Foldie Law Law will aggressively fight in defending your freedom.

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

  1. Willfulness 
    1. The accused murderer must have committed the act with purpose 
  2. Deliberation  
    1. The accused murderer must have weighed their options and actively decided to kill 
  3. Premeditation  
    1. The accused murderer must have decided to kill before committing the actual act 
Sometimes these actions are carefully planned out and executed, however that is not always the case. The processes of decided 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 sanction as first degree murder (Life without Parole).
Instances of crimes where this can occur include:
  • Arson  
  • Breaking and Entering 
  • Carjacking 
  • Extortion 
  • Kidnapping 
  • Rape 
  • 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 exactly defined, second degree murder covers everything left over and helps fill the gap between first degree murder and voluntary manslaughter. Because the cases and charges can vary, second degree murder charges are often more stressful and devastating than first degree murder.

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 needs. 

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