What’s the Difference Between Murder and Manslaughter in Michigan?

While both crimes involve the unlawful killing of another person, there are key differences between the offenses of murder and manslaughter. These crimes have different definitions, varying levels of liability in the taking of life, and unique sentencing guidelines and penalties. If you are facing criminal charges for one of these offenses, understanding their definitions and the legal differences between the two is critical in understanding your case and protecting your rights. Read on and consult with an experienced Upper Peninsula criminal defense lawyer today.

How is Murder Defined?

Murder is one of the most serious crimes in Michigan. According to state law, murder is defined under MCL Section 750.316 as the following actions.

• The unlawful killing of a person by means of poison, lying in wait, or any other willful, deliberate, and premeditated killing
• The unlawful killing of a person committed in the perpetration of, or attempt to perpetrate, arson, criminal sexual conduct in the first, second, or third degree, child abuse in the first degree, a major controlled substance offense, robbery, carjacking, breaking and entering of a dwelling, home invasion in the first or second degree, larceny of any kind, extortion, kidnapping, vulnerable adult abuse in the first or second degree, aggravated stalking, or unlawful imprisonment
• The unlawful killing of a peace officer or a corrections officer committed while they are lawfully engaged in the performance of any of his or her duties, knowing that they are a peace or corrections officer engaged in their duties

How is Manslaughter Defined?

MCL Section 750.321 governs manslaughter in Michigan. However, this law focuses primarily on the penalties associated with the crime as opposed to the definition. Instead, Michigan courts will refer to the common law, principles that were inherited from England and developed through judicial decisions over the years.

There are two types of manslaughter according to common law: voluntary and involuntary. Voluntary manslaughter is the intentional killing of another person resulting from a heat of passion, generally provoked by a situation that a reasonable person may lose control in.

Involuntary manslaughter involves the unintentional or accidental killing of another person due to extreme negligence or recklessness. The death may have resulted from an accident, or the perpetrator could have intended to harm the person but did not intend to kill them.

What’s the Difference Between Murder and Manslaughter in MI?

The main differences between murder and manslaughter in Michigan involve the intent behind the offender’s actions and the degree of recklessness involved. Murder involves a deliberate and premeditated killing where the offender planned to take a life, or a death caused during the purposeful commission of another serious crime. Manslaughter, on the other hand, involves a killing that was not pre-planned and generally occurs during situations involving significant emotional distress or negligence.

The penalties will also vary significantly, though both crimes can be penalized with substantial fines and imprisonment. For more information and to secure skilled legal advice, contact an experienced attorney today.