Homicide Defense
Michigan grades homicide by the defendant's state of mind and the circumstances of the killing — from first-degree murder under MCL 750.316 through manslaughter under MCL 750.321 and the vehicular offenses. These cases turn on intent, causation, and the physical evidence, and every one of those elements deserves examination before the prosecution's version is accepted.
How Michigan grades a homicide charge.
Under Michigan law, homicide is graded by the defendant's state of mind and the circumstances of the killing. First-degree murder under MCL 750.316 requires a willful, deliberate, and premeditated killing — or a killing committed during certain felonies — and carries a mandatory sentence of life without parole. Second-degree murder under MCL 750.317 covers killings committed with malice but without premeditation, and is punishable by life or any term of years; the statute sets no fixed range. Manslaughter under MCL 750.321, whether voluntary or involuntary, involves a killing without malice and carries not more than 15 years and a fine of not more than $7,500.
Because the line between these charges is drawn by intent, provocation, and causation, the facts a prosecutor emphasizes are rarely the whole story. The same event can support a murder charge or a manslaughter charge depending on how the evidence is understood — which is why an early, independent examination of the forensics and the sequence of events matters.
Charges We Defend
- ●First-degree (premeditated) murder
- ●Felony murder
- ●Second-degree murder
- ●Voluntary manslaughter
- ●Involuntary manslaughter
- ●Assault with intent to murder (MCL 750.83)
- ●Vehicular homicide & OWI causing death
- ●Reckless driving causing death
Penalties under MCL 750.316–750.321 and the Vehicle Code.
| Offense | Maximum Penalty |
|---|---|
| First-degree murder MCL 750.316 | Mandatory life without parole |
| Second-degree murder MCL 750.317 | Life or any term of years; the statute sets no fixed range |
| Voluntary / involuntary manslaughter MCL 750.321 | Not more than 15 years and/or a fine of not more than $7,500 |
| Assault with intent to murder MCL 750.83 | Life or any term of years; parole-eligible |
| OWI causing death MCL 257.625(4) | Felony; up to 15 years and a fine of $2,500 to $10,000. Up to 20 years under MCL 257.625(4)(b) where the person killed was a police officer, firefighter, or emergency responder |
| Reckless driving causing death MCL 257.626 | Felony under the Michigan Vehicle Code; the penalty is set by MCL 257.626 |
| Moving violation causing death MCL 257.601d | Penalty set by MCL 257.601d |
Michigan has no death penalty; the most severe sentence available in a homicide case is life without parole for first-degree murder. Penalties otherwise vary with the specific charge, the facts, and prior record, and sentencing guidelines may apply. This table is a general summary of the statutes, not legal advice about your case.
What a homicide defense examines.
Self-Defense & Justification
Michigan law recognizes the use of deadly force where a person honestly and reasonably believes it is necessary to prevent imminent death or great bodily harm. We examine whether the use of force was justified on the facts of the case and the physical evidence.
Causation & Forensics
The prosecution must prove the defendant's act caused the death. We work with pathologists and forensic experts to examine the autopsy, cause-of-death findings, ballistics, and crime-scene reconstruction.
Intent & State of Mind
The grade of a homicide turns on malice and premeditation. Where the evidence shows provocation, heat of passion, or the absence of intent, we examine whether the elements of murder can be proven at all.
Constitutional & Procedural
We review how statements, searches, and identifications were obtained. Miranda issues, search-and-seizure defects, and suggestive identification procedures can, in the right case, support a motion to suppress evidence.
Homicide charge questions answered.
What is the difference between murder and manslaughter in Michigan?
What sentence does a murder conviction carry in Michigan?
Is self-defense a defense to a homicide charge in Michigan?
Can a murder charge be reduced to a lesser offense?
Speak with an Ann Arbor homicide defense lawyer.
Early involvement lets us examine the forensics, the witnesses, and the sequence of events while every option is still open.