Attorney D.G. Moore is a highly experienced Michigan criminal defense lawyer who has successfully defended individuals accused of homicide and other violent crimes. If you or a loved one is facing a first-degree murder charge, you need an aggressive defense strategy to protect your rights and your future.

Understanding 750.316 First Degree Murder in Michigan

First-degree murder is one of the gravest charges under Michigan law, governed by MCL 750.316. Aggravated stalking is among the serious felonies that can lead to a first-degree murder charge. This charge carries severe penalties, including a mandatory life sentence without the possibility of parole.

Understanding the complexities of a first-degree murder charge is crucial for anyone facing such allegations. Whether it involves premeditated killing, felony murder, or the murder of a peace officer or corrections officer, navigating the legal landscape requires expert guidance.

What Is First-Degree Murder in Michigan?

Under MCL 750.316, first-degree murder is the most serious homicide charge in Michigan. A person may be convicted of first-degree murder if they intentionally kill someone under any of the following circumstances:

1. Premeditated Murder

The killing was planned in advance and carried out deliberately.
The defendant had time to think about the act before committing it.
Examples:
- A person waits outside someone’s home to ambush and kill them.
- A spouse poisons their partner over time with the intent to kill.

2. Felony Murder

The killing occurred during the commission or attempted commission of a felony.
Crimes that qualify as felony murder include:
Robbery
Home invasion
Carjacking
Sexual assault
Kidnapping
Arson
Child abuse
Criminal sexual conduct
Major controlled substance offense
Vulnerable adult abuse
Example: A person robs a gas station, and in the process, the clerk is shot and killed. Even if the defendant did not intend to kill, they can be charged with first-degree felony murder.

3. Killing a Police or Corrections Officer

The victim was a peace officer, corrections officer, or parole officer performing their lawful duties, with the murder of a corrections officer committed or corrections officer engaged while performing their lawful duties.
The defendant knew or should have known they were killing an officer lawfully engaged in the performance of any of his or her duties, highlighting the legal implications and severity of crimes committed against law enforcement personnel while they are performing their official responsibilities.

Penalties for First-Degree Murder in Michigan

Mandatory Life Sentence Without Parole

First-degree murder is punishable by a mandatory life sentence imposed without the possibility of parole (LWOP).

Michigan does not have the death penalty, but federal prosecutors may seek capital punishment in certain cases.

Additional Consequences

Permanent criminal record – Cannot be expunged or sealed.
Loss of civil rights – Cannot vote, own firearms, or hold certain professional licenses.
Additional charges – If the murder involved another crime (e.g., rape, burglary, or kidnapping), the defendant may face multiple felony convictions. Convicted individuals may be placed in various correctional environments, including a minimum security correctional facility, depending on the nature of their offenses.

How Michigan Prosecutors Prove First-Degree Murder

The prosecution must prove the following elements beyond a reasonable doubt:

First-degree murder can be classified based on the circumstances under which the murder was committed. For instance, a murder committed during the commission of other serious crimes such as arson, robbery, or aggravated stalking often leads to severe penalties, including life imprisonment without parole.

Additionally, first-degree murder can also be defined by the nature of the murder perpetrated, such as willful and premeditated killing by means of poison or lying in wait. These definitions are crucial for understanding the prosecutorial standards and implications surrounding serious felony charges in the legal system.

1. The Defendant Caused the Victim’s Death

There must be direct or circumstantial evidence linking the defendant to the killing.

2. The Killing Was Intentional

The defendant meant to cause death or great bodily harm.
Accidental deaths do not qualify as first-degree murder.

3. Premeditation and Deliberation

The defendant had time to think about and plan the act.
Even a short period of time—a few seconds to minutes—may be enough to prove premeditation.

4. No Justification or Excuse

Self-defense, defense of others, or other legal justifications must be disproven by the prosecution.

Defenses Against First-Degree Murder Charges

1. Self-Defense or Defense of Others

Michigan law allows deadly force if the defendant:
- Was not the aggressor.
- Had a reasonable belief that they or another person was in imminent danger of death or great bodily harm.
- Used only the amount of force necessary to stop the threat.

2. Lack of Premeditation

If the killing was spontaneous or done in the heat of passion, the charge may be reduced to second-degree murder or manslaughter.

3. Mistaken Identity or False Accusation

Eyewitness misidentification is common in murder cases.
False accusations may come from individuals with personal motives, bias, or plea deals.

4. Insufficient or Unreliable Evidence

No physical evidence linking the defendant to the crime.
Unreliable witness testimony or coerced confessions.

5. Violation of Constitutional Rights

Illegal searches, improper interrogations, or Miranda violations can result in the dismissal of evidence or the case.

Why Choose D.G. Moore Law?

Decades of Criminal Defense Experience

Attorney D.G. Moore has successfully defended clients against first-degree murder charges, including securing dismissals, acquittals, and appeals. As a reputable defense law firm, we emphasize the importance of selecting experienced and capable legal representation when facing serious charges like first-degree murder.

Aggressive Defense Strategy

24/7 emergency legal support
Experienced trial attorneys ready to fight for you
Proven success in Michigan criminal courts

Call D.G. Moore Law at (269) 808-8007 for a Free Consultation.

Resources:

Michigan First-Degree Murder FAQs

What is the difference between first-degree and second-degree murder in Michigan?

First-degree murder, a classification of first or second degree, requires premeditation, meaning the killing was planned beforehand. Second-degree murder is intentional but not premeditated.

What is felony murder in Michigan?

Felony murder happens when a person kills someone while committing another felony, such as robbery, home invasion, or arson.

What is the penalty for first-degree murder in Michigan?

A conviction carries mandatory life in prison without parole.

Can first-degree murder charges be reduced?

Yes. If the prosecution cannot prove premeditation, the charge may be reduced to second-degree murder or voluntary manslaughter.

Can someone be charged with first-degree murder without actually killing anyone?

Yes. Under Michigan’s aiding and abetting laws, a person who helps plan or participates in a crime that leads to a killing can be charged with first-degree murder.

Can first-degree murder convictions be appealed?

Yes. A conviction may be overturned if there was insufficient evidence, legal errors, or constitutional violations.

What should I do if I am charged with first-degree murder?

Do not speak to police without a lawyer.
Avoid discussing the case with anyone.
Hire an experienced Michigan murder defense attorney immediately.