I. Degrees of Murder and Homicide in Michigan
First Degree Murder Prosecutor must prove beyond a reasonable doubt that the Murder was committed as a willful, deliberate, or premeditated killing. Killing done with malice aforethought. Punishable by imprisonment for life.
Felony Murder Death occurred during the commission or attempt to commit of a serious felony. Punishable by mandatory life imprisonment.
Second Degree Murder Defendant caused death and intended to kill or acted recklessly or knew there was a high risk of death or great bodily harm. Punishable by imprisonment for life, or any number of years.
Assault with Intent to Commit Murder An attempt and/or a threat, along with the ability to inflict harm or injury onto another person, is Assault and intent to commit a murder. Felony, punishable by up to life in prison or any number of years.
Attempted Murder An attempt to commit murder by poisoning, strangling, or any other means not within the crime of assault w/ intent to commit murder. Felony punishable by life in prison or any number of years.
Involuntary Manslaughter – Unintentional and unlawful killing of another, without cruelty. Involuntary Manslaughter is an unintentional killing. Felony, punishable by up to 15 years in prison.
Voluntary Manslaughter Voluntary manslaughter involves an intentional killing, but one that is done in the heat of passion. Involuntary Manslaughter is an unintentional killing. Both Voluntary Manslaughter and Involuntary Manslaughter are punishable by up to 15 years in prison. An intentional, unlawful killing of another of another done â€œin the momentâ€, not planned. Felony punishable by up to 15 years in prison.
Negligent Homicide Reckless, careless, or negligent driving causing death of another, without being willful or malicious. Misdemeanor punishable by up to 2 years in prison or a fine up to $2,000, or both.
II. Homicide Crime Scene- Everything Considered Evidence
a. Police response time.
b. Body moved or altered.
c. Point of entry of weapon and evaluation of wounds.
d. Route of potential escape or mechanism of escape.
e. Presence of physical evidence, such as weapons or DNA.
f. Potential Eyewitnesses
g. Location of the body
h. Interview of witnesses or survivors as soon as possible.
i. Was evidence properly marked and packaged.
j. Crime scene photographs.
k. What areas dusted for finger prints.
l. Gel prints or plaster casts for shoes taken.
m. Was suspect taken into custody.
n. Was there an interrogation by police at scene and/or station.
I. “Better Call Stahl” Grand Rapids Criminal Defense Lawyer
Gerald R Stahl is a criminal defense Attorney with over 30 years of experience representing people charged with crimes from Drunk Driving to 1 Degree Murder. He has represented in defendants in all West Michigan Counties including Kent, Ottawa, Allegan, Kalamazoo, Barry and Newaygo. Gerald R Stahl is conveniently located on East Beltline in Grand Rapids near Knapp’s Corner and the 63rd District Court.
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