What’s the Difference Between 1st and 2nd Degree Murder?

Murder is the crime of killing another person. In Michigan, murder charges are separated into different degrees, based primarily on whether a person intended to take another person’s life.

A Michigan murder charge is serious and requires a thorough, competent, and aggressive defense. Elmen Legal understands the fear and stress that comes with a murder charge and is prepared to answer your questions, thoroughly investigate your case, and mount a vigorous defense. Michigan criminal defense attorney Robert Elmen will carefully investigate the charges against you, gather evidence about the circumstances of the alleged crime, and meticulously evaluate every piece of evidence the prosecution intends to try to convict you. He will craft a compelling defense designed to win at trial or force the prosecution to offer a plea to significantly reduced charges or less severe penalties.

Attorney Elmen is a staunch defender of the rights of the accused and a firm believer in the presumption of innocence. He will be with you every step of the way and will fight to protect your freedom.

1st Degree Murder vs. 2nd Degree Murder

Michigan law divides murder charges into degrees based on the defendant’s intent.

1st Degree Murder

First degree murder in Michigan is a killing “perpetrated by means of poison, lying in wait, or any other willful, deliberate, and premeditated killing.” The prosecutor must prove, beyond a reasonable doubt, that the defendant thought out the killing beforehand and formulated an intention and plan to kill the victim.

Felony murder is another form of first degree murder that occurs when the defendant kills another person while committing or attempting to commit the crimes of Arson, Criminal Sexual Conduct, First Degree Child Abuse, Robbery, Carjacking, Home Invasion, Larceny, Extortion, Kidnapping, or a major drug offense.

First degree murder also occurs when a defendant unlawfully kills a peace officer or corrections officer during the officer’s lawful course of duty, and the defendant is aware the officer was engaged in the lawful performance of their duty.

First degree murder is the most serious criminal charge a person can face and is punishable by life in prison without the possibility of parole.

2nd Degree Murder

Second degree murder is an unplanned but intentional killing caused by a reckless disregard for human life. The crime applies to a killing that did not involve pre-planning but is defined by a sheer disregard for human life. The prosecutor does not need to prove the defendant thought out the killing beforehand.

Homicides that do not rise to the level of first degree murder are often charged as second degree murder.

Second degree murder carries a punishment of life in prison or for any term of years. Parole is possible.

What To Do If You Have Been Charged with Murder

1. If you are under investigation or have been charged with murder, understand that the police are not your friends and are not there to help. The police can lie to you, and promises made by police officers are not enforceable.
2. Do not speak to or attempt to negotiate with the police without your lawyer present. In many cases, the police will try to convince you to “cooperate” before you have a chance to speak with your lawyer. Before you compromise your position and give away valuable legal rights, seek legal advice and representation from a skilled and experienced criminal defense lawyer.
3. Anything you say can be used against you. That includes conversations with friends and most family members. The only conversations that remain confidential are those you have with your lawyer. If you already discussed your case with someone else, your attorney can address it. But do your best not to discuss your case with anyone other than your attorney.
4. Do not resist arrest, but calmly assert your rights. If the police are trying to arrest you, tell them you will go with them peacefully. Remain polite and cooperative, and do not resist. You should also inform the police that you are asserting your right to remain silent and that you wish to speak to an attorney. Then, do not answer any additional questions.
5. Contact Elmen Legal as quickly as possible to discuss your situation.

Defending Against a Murder Charge

Defending against a Michigan murder charge requires a skilled and tenacious advocate who will thoroughly investigate your case and carefully scrutinize every detail of the investigation. Elmen Legal frequently works with private investigators to identify and interview all witnesses, and will develop a compelling defense to achieve optimal results in your case.

In some murder cases, expert witness testimony is crucial to achieving a successful result. Depending on the circumstances of your case, it may be wise to work with a DNA expert, a medical doctor, a psychologist, a handwriting expert, a fingerprint expert, or an expert in police investigation tactics. Elmen Legal will carefully analyze your circumstances to identify the expert(s) that will best serve your needs.

Elmen Legal will carefully scrutinize the police investigation to identify instances where the police officers did not follow the rules and will address any violations that can be used to aid in your defense.

Aggressive Defense Against Murder Charges in Michigan

Muder is the most serious criminal charge a person can face. The consequences of a conviction are severe and can lead to the loss of your freedom, sometimes for life. You need an experienced criminal defense lawyer who will do everything possible to help you avoid a conviction.

To learn more, contact Elmen Legal today to discuss your situation and begin preparing your legal defense. Call Robert Elmen at (734) 707-8915 or email robert@elmenlegal.com.