Detroit Murder - Mamat Law Michigan Criminal Defense Law Firm

Murder Charges Defense

Strong advocacy for anyone charged with homicide in Michigan

A murder charge is the most serious criminal charge anyone can face. If convicted of a Michigan first-degree murder charge, you could be sentenced to life without parole or to a long imprisonment sentence. The penalties for second-degree murder charges and involuntary manslaughter will likely result in decades in prison. [I’m focusing on Michigan crimes – not federal murder charges. A federal murder offense is a different page]. If you’re charged with any type of murder defense, you need experienced defense lawyers on your side – lawyers who have tried criminal cases before a jury.

At the Law Office of Steven K. Mamat, our Detroit murder defense lawyers have the experience and resources to fight these. We work with investigators who examine any evidence that helps you obtain an acquittal or a reduction of the charges. We assert every factual, Constitutional, and legal defense available. Our lawyers are skilled trial lawyers who will challenge every part of the prosecution’s case, cross-examine each witness, and work aggressively to preserve your freedom.

First-degree murder in Michigan

Michigan defines first-degree murder as any of the following:

“Murder perpetrated by means of poison, lying in wait, or any other willful, deliberate, and premeditated killing.”
Murder committed in the perpetration of, or attempt to perpetrate other specific crimes such as arson, robbery, certain sex crimes, certain home invasion crimes, kidnapping, and other specific offenses.
A murder of a peace officer or a corrections officer committed – while the official is legally performing his/her duties and the defendant knows that the officer is a peace officer/corrections officer and is engaged in his/her duties.

If convicted of first-degree murder, a defendant will be sentenced to prison for life without parole.

Second-degree murder in Michigan

In Michigan, any kind of murder that isn’t a first-degree murder is a second-degree murder offense – punishable by state imprisonment for life or for a term of years at the court’s discretion.

The key elements of any murder charge include:

A death
The defendant caused the death
The defendant acted with malice
The defendant acted without justification

Malice generally requires the intent to kill or cause great bodily harm or acting in wanton and willful disregard of the natural likelihood of their acts causing death or great bodily harm.

Manslaughter in Michigan

Michigan states that anyone who commits manslaughter is guilty of a felony. The person can be imprisoned up to 15 years and fined up to $7,500 – or both – at the court’s discretion. The potential penalties are the same for both voluntary and involuntary manslaughter.

Voluntary manslaughter requires a death caused by the defendant and intent to kill or cause serious bodily harm to the deceased. The difference from a murder charge is that the offense occurred during the heat of passion or was due to some type of provocation.

Involuntary manslaughter requires a death caused by the defendant. The difference between a murder charge and a voluntary manslaughter charge is that the defendant’s act are done without malice and are unintentional – but are committed while doing unlawful acts (which is not a felony and which would not naturally cause death or great bodily harm). A defendant can also be charged with involuntary manslaughter if their negligence causes the death of someone or they negligently fail to perform a legal duty.

Other murder offenses

Michigan has many different types of death-related criminal offenses including:

Section 750.322 Manslaughter; Willful killing of unborn quick child.
Section 750.323 Manslaughter; death of quick child or mother from use of medicine.
Section 750.327 Section Death due to explosives.
Section 750.329 Discharging firearm pointed or aimed at another person resulting in death; manslaughter; exception; “peace officer” defined.
Section 750.329 Section Intent to assist individual in suicide; prohibited conduct; felony; exception; effect of common law offense.

What defenses do you assert murder cases in Detroit?

At the Law Office of Steven K. Mamat, our Detroit murder defense lawyers assert every defense available that helps defendants obtain a dismissal, an acquittal, or a reduction of the plea charge. The defenses may vary depending on the specific charge and the circumstances of your case. Some of these defenses include:

Constitutional defenses. We seek to exclude any statements made in violation of your Fifth Amendment right to not be forced to incriminate yourself, your Fourth Amendment right to be free from any unreasonable searches and any warrants issued without probable cause, your Sixth Amendment right to confront (cross-examine) the witnesses against you, and any other Constitutional violations.
Any factual or legal defenses include asserting that
Your conduct was not the cause of the decedent’s death
The testimony of the witnesses against you is not credible
There was some legal justification for your conduct such as that you acted in self-defense. Michigan’s Self-Defense Act provides that you can assert self-defense (when deadly force is used) – if you were not engaged in committing a crime at the time you used deadly force, if you had the legal right to be where you were located, there was no duty to retreat, and “either of the following applies:
- (a) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent death of or imminent great bodily harm to himself or herself or to another individual.
- (b) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent sexual assault of himself or herself or of another individual.
Your conduct occurred during the heat of passion
You lacked malice or intent
You were acting in a lawful way
The prosecution is unable to prove each element of the criminal charge beyond a reasonable doubt
All other factual and legal defenses that may apply

In many Detroit murder cases, we file motions to suppress/exclude any evidence that was illegally obtained.

Do you have a murder defense lawyer near me

Our office is located at 2111 Woodward Ave, Detroit, MI 48201. We also represent clients in Macomb, Oakland, Kent, and Genesee Counties. We do meet defendants in prison if necessary.

Contact our skilled Detroit murder defense lawyers today

At the Law Office of Steven A. Mamat, we understand how frightening murder charges are. Murder cases in real life are different than how they are portrayed on TV and in movies. The strongest defense possible in a murder trial requires the strongest defense possible at each stage of the criminal process – from the moment you’re charged with a crime. Our lawyers are seasoned criminal defense lawyers who handle all types of murder offenses. Call us today or use our contact form to schedule a consultation.