Homicide

Kalamazoo Homicide Attorneys

Fighting for Clients Accused of Murder

Facing murder or manslaughter charges is terrifying. Prosecutors tend to throw everything they have at these cases, and for good reason. But what happens when they get the facts of the case wrong? A homicide conviction carries some of the most severe penalties of any violent crime. Though the death penalty is banned in Michigan, you still may face a lifetime in prison without parole. With your life at stake, you must take these charges seriously. Do not assume that because you believe your innocence is self-evident, the courts will agree with you. Instead, secure trusted, reputable legal representation from Levine & Levine Attorneys at Law as soon as possible.

Do not leave anything to chance. Contact Levine & Levine Attorneys at Law at 269-626-2296 or connect with us online to discuss your case with a Kalamazoo murder defense lawyer.

Our Kalamazoo homicide defense lawyers have over a century of experience handling these types of cases in Michigan, and we offer free case evaluations. We are prepared to put our extensive knowledge and skills to work for you. The local legal community highly respects us, and we have excellent relationships with many prominent legal professionals in the area. As a practice, we are well-known for our intellectual approach and for never backing down from a fight. We take our cues from the Constitution and the Bill of Rights and always fight to protect your rights and best interests.

What Types of Homicide Cases Are There?

Murder or homicide charges refer to the unlawful killing of another person. These charges are very serious, and the burden of proof is on the prosecution to prove that a true homicide actually occurred. However, just being accused of homicide can seriously damage your reputation, and it has been noted that juries are implicitly biased against defendants in violent crime cases, regardless of guilt.

In Michigan, there are two main classifications of homicide: murder 1 and murder 2. Prosecutors usually charge open murder, which includes murder 1 and 2. This allows juries to determine whether the case meets the threshold for first- or second-degree murder.

Other types of murder charges include those that accompany OWI charges and felony murder charges.

First-Degree vs. Second-Degree Murder Charges

First-degree murder is the most serious of the homicide cases, and it refers to the premeditated and deliberate killing of another person. You may also face first-degree murder charges if someone is killed during the commission of certain other crimes, such as arson, child abuse, criminal sexual conduct, robbery, or home invasion. This is called felony murder, and it is just as serious as if you killed someone yourself. If you face first-degree murder charges, you should discuss your case with a skilled attorney to better understand why you have been charged this way and what you can do to defend yourself.

Second-degree murder is a lesser charge than first-degree murder, but it can still result in a lifelong prison sentence. While voluntary manslaughter is a heat of passion killing, done before the defendant had time for their “blood to cool,” Murder 2 involves a state of mind that intended to kill or knew that the consequences of their behavior were likely to cause death.

Involuntary vs. Voluntary Manslaughter

There are two types of manslaughter charges in Michigan: involuntary and voluntary manslaughter.

Voluntary manslaughter involves a killing that occurs without premeditation but with the intent to cause serious bodily harm or in the heat of the moment (sudden passion) under circumstances that would provoke a reasonable person to act impulsively. The most commonly used example of this is called “crimes of passion,” when one spouse catches the other cheating and, without premeditation, kills one of the parties involved. Voluntary manslaughter implies an intentional act resulting in death but lacks the element of premeditation or prior planning that is characteristic of murder.

In contrast, involuntary manslaughter occurs when a person unintentionally causes the death of another due to reckless or criminally negligent behavior. Unlike voluntary manslaughter, there is no intent to cause harm. Involuntary manslaughter often involves actions where the perpetrator did not intend to kill but acted in a way that disregarded the safety of others or engaged in behavior posing a significant risk of harm. A commonly used example of this is a bar fight that results in someone dying.

In both cases, the key factor distinguishing these crimes from murder is the absence of premeditation or malice aforethought. Instead, they involve different levels of intent or negligence leading to an unintended death.

Courts in Michigan consider various factors, including the perpetrator’s mental state, actions, and the circumstances surrounding the incident, to determine whether the offense aligns with voluntary or involuntary manslaughter. The penalties and legal consequences for each can differ based on the specifics of the case and the severity of the offense.

What is Felony Murder and What Happens If You are Charged as an Accomplice?

As previously mentioned, felony murder happens when a death occurs during the commission or attempted commission of a felony.

Felonies that may result in a felony murder charge can include:

  • Robbery
  • Home invasion
  • Arson
  • Kidnapping
  • Criminal sexual conduct
  • Child abuse
  • Drug crimes

If someone dies during the course of one of these crimes being committed, regardless of who caused the death, everyone involved can be charged with murder. This includes getaway drivers, lookouts, or anyone participating in the underlying felony.

Felony murder is classified as first-degree murder in Michigan and carries a mandatory sentence of life in prison without the possibility of parole. Prosecutors will aggressively pursue felony murder charges and leave very little room for leniency.

Charged as an Accomplice

The legal theory of “aiding and abetting” means anyone who knowingly helps or encourages the commission of a crime can be held equally responsible. Some example scenarios of being charged as an accomplice that can lead to felony murder charges include:

  • Driving a friend to a robbery knowing they are armed, and they kill someone during the course of the robbery, landing you with felony murder charges.
  • You help plan a burglary, which turns deadly. Even if you were not present, you could be liable for homicide.
  • Lending supplies or information to assist in the act of a violent felony is enough to be construed as criminal facilitation.

What Are Common Legal Defenses Against Homicide Charges?

In Michigan, as in many jurisdictions, there are various legal defenses that can be used against homicide charges. It’s important to note that the applicability and success of these defenses can vary widely based on the specific circumstances of the case. Here are some potential defenses:

  • Self-Defense or Defense of Others: Michigan law allows individuals to use reasonable force, including deadly force, to defend themselves or others from imminent danger of death or serious bodily harm. The force used must be proportional to the threat perceived.
  • Defense of Property: Deadly force can be justified in Michigan when it’s reasonably necessary to prevent the commission of a felony involving force, or to prevent a trespasser who’s attempting to enter a habitation or property unlawfully.
  • Accident or Misfortune: If the death occurred accidentally and without intention, it might be a defense against a homicide charge. For instance, if a death resulted from a genuine accident or unforeseen circumstance, it might not constitute a criminal offense.
  • Lack of Intent: Homicide charges often require proof of intent. If the defense can demonstrate that there was no intent to cause harm or that the death was accidental, it could be a defense against certain degrees of homicide charges.
  • Alibi: If the defendant can provide evidence or witnesses showing they were not at the location of the crime when it occurred, it can serve as a defense against the charges.
  • Mistaken Identity: If the defense can prove that the accused was mistakenly identified as the perpetrator and was not actually involved in the crime, it can serve as a defense.
  • Insanity or Mental Incapacity: Defendants might argue that they were not mentally capable of understanding the consequences of their actions or distinguishing right from wrong at the time of the homicide. This defense involves proving that the defendant was legally insane at the time of the crime.

Every homicide case needs to be treated with care and meticulous attention to detail. With so much at stake, every aspect matters. Over the decades, we have become renowned for our skill as determined negotiators and aggressive litigators. We have an intimate understanding of Michigan homicide laws and how these cases are prosecuted. With an intellectual approach and tireless determination, we fight hard for our clients.

Will You Get Bail?

In Michigan, bail is possible in murder cases, but it is rarely granted, especially in first-degree murder cases. Courts are extremely cautious when considering pretrial release in homicide cases, and the burden falls on the defense to demonstrate why you are neither a flight risk nor a danger to the public.

Judges will weigh several factors when deciding whether to allow bail, including the severity of the charge, the strength of the prosecution’s evidence, your criminal history, and your ties to the community. Bail is more likely in cases involving second-degree murder or manslaughter, especially when the evidence is weak or the defense raises a strong self-defense claim.

The criminal defense attorneys of Levine & Levine Attorneys at Law can file a motion for bond, present evidence of your stability, and argue for alternatives like house arrest or electronic monitoring. If bail is denied, we may still request reconsideration if new circumstances and evidence arise.

What Should You Do After Being Accused of Homicide?

Facing homicide accusations in Michigan is an incredibly serious situation that requires immediate and careful actions. Here are steps to consider:

  • Contact an Attorney: This is the most crucial step. Engage a criminal defense attorney with experience in handling homicide cases in Michigan. They will be your advocate, guide you through the legal process, protect your rights, and provide legal advice.
  • Invoke Your Right to Remain Silent: It’s important to avoid discussing the case with anyone, especially law enforcement, until you’ve consulted with your attorney. Anything you say could potentially be used against you in court.
  • Gather Information and Evidence: If possible and without incriminating yourself, collect any evidence or information that might support your defense. This could include documents, witnesses, or any relevant details that could potentially support your innocence.
  • Appear for Booking and Bail Hearing: If you’re arrested, you’ll go through the booking process. During the bail hearing, your attorney can argue for bail or a reasonable bond amount to secure your temporary release from custody pending trial.
  • Understand Your Charges: Your attorney will explain the specific charges against you and the potential consequences you might face if convicted.
  • Prepare for Legal Proceedings: Work closely with your attorney to prepare your defense. This involves gathering evidence, identifying witnesses, and constructing a strategy to defend against the charges.
  • Attend Court Dates: It’s crucial to attend all court appearances as required. Missing court dates can lead to additional legal consequences.
  • Follow Legal Advice: Trust your attorney’s guidance. They’ll advise you on what to say, how to behave, and what actions to take throughout the legal process.
  • Stay Cautious with Communications: Avoid discussing the case, especially on social media or with anyone other than your attorney. Anything you say or write could potentially be used against you.
  • Maintain Composure and Patience: Legal proceedings can be lengthy and stressful. It’s important to remain composed and patient while the legal process unfolds.

Knowing what to do after being charged with homicide is difficult. Your rule of thumb should be to speak with your defense attorney before doing or saying anything.

Can Homicide Charges Be Dismissed or Reduced?

Homicide is one of the most serious offenses under Michigan law, but not all murder or manslaughter charges lead to trial, or even conviction. Depending on the circumstances of your case, it is possible for homicide charges to be reduced or dismissed entirely, especially when an experienced criminal defense attorney intervenes early and strategically.

In many cases, prosecutors will file the most severe charges available based on the limited evidence available at the time of your arrest. However, as the case progresses and new evidence emerges, flaws in the prosecution’s theory may emerge. For example, if the alleged killing was unintentional, the charge could be reduced to second-degree murder or voluntary manslaughter. If evidence supports that the act was committed in self-defense, a complete dismissal may be possible.

Charges may also be altered due to insufficient evidence, inconsistent witness statements, or constitutional violations, such as illegal searches, coerced confessions, or denial of legal counsel. In some cases, a defense attorney may file a pretrial motion to suppress key evidence or exclude unreliable testimony, which weakens the prosecution’s case and can lead to a full dismissal.

At Levine & Levine Attorneys at Law, we understand that you want to avoid a homicide charge. You don’t want to spend the rest of your life in prison. We will pick through every detail of your case, and if there isn’t enough convincing evidence, we will fight to have your charges reduced or dropped.

Can We Help You With Your Homicide Case?

Murder cases tend to be sensational and often end up on the local or national news. This can be overwhelming to those involved and can make you feel like the world is against you. Our Kalamazoo homicide defense attorneys are unflappable and never intimidated. We don’t back down from a fight, and we don’t let prosecutors get away with violating our clients’ rights. If you were charged in Calhoun, St. Joseph, Van Buren County, or anywhere in Southwest Michigan, call us for help.

You are not alone. Turn to Levine & Levine Attorneys at Law for fierce advocacy and reputable legal counsel. Call us at 269-626-2296 or fill out a form online to schedule a free consultation with a Kalamazoo murder defense lawyer.