Open Murder Charges Michigan
In Michigan open murder charges are a common way of stating multiple prosecution theories for a homicide. If you have a loved one charged with murder in any degree, you should immediately seek the services of a highly skilled criminal trial lawyer.
Expert Michigan Murder Defense
No homicide accusation is more serious than murder. The penalties for such a conviction are severe and devastating. We wholeheartedly believe in the idea that every person is innocent until proven guilty. If you are being investigated for murder, it is very important to obtain experienced legal representation immediately.
The period before criminal charges are filed is a crucial stage. We can protect you from abuses by police and prosecutors who may use aggressive and exploitative tactics to build a case against you. Don’t speak with police without an attorney present, as this could seriously hurt your case.
It is important to remember that you don’t have to sit back and take unjust accusations. We fight hard to protect your rights and freedom—and we know how to win. If you need our help, you may contact us online or call (866) 766-5245
Expert Murder Defense Lawyers
An incredible amount of resources go into investigating and prosecuting murder cases. A criminal defendant being investigated for homicide faces a daunting challenge. He should not face that challenge alone. Because murder charges often come with the possibility of mandatory life in prison with no possibility of parole, the person arrested and accused deserves the best possible defense.
The Kronzek Firm is a premier, full-service law firm, providing aggressive, highly-skilled criminal defense statewide. Our lawyers have over 100 years of combined courtroom experience.
What is Open Murder?
Open murder is when the prosecutor has not decided between first degree or second degree murder, but will allow the jury to choose the most appropriate option instead. In addition, second-degree murder happens to be a lesser included crime of first-degree murder. So the jury may be instructed upon this charge as well, if supported by the evidence.
What is First-Degree Murder?
First-degree murder is a specific-intent crime and premeditated act. This means the defendant intended and carried out plans to kill another person. This is a specific-intent crime. Those individuals who are convicted of first-degree murder face life in prison without eligibility for parole.
For a conviction to result, the prosecutor must prove all parts (or elements) of the crime beyond a reasonable doubt. First, it must be proven that the defendant killed another individual. Next, the prosecution needs to show the defendant intended to cause the death. Third, premeditation must be shown. In addition, the prosecutor must show that the killing was deliberate; and therefore, contemplated and weighed out.
Overall, this type of crime is not a heat-of-the-moment passion killing. This is also not one where there are legal excuses that would reduce it to a lesser crime. This criminal charge is meant for individuals who think about and specifically carry out plans to end another person’s life. Lying in wait—which is hiding in order to kill a person—is an example of premeditated murder. Another example is poisoning.
First-Degree Felony Murder
There are many situations that fall under the category of first-degree felony murder. At trial, the prosecutor must prove all parts of the crime beyond a reasonable doubt. First, that the defendant caused the death of another person that was not legally excused or reduced to a lesser crime. Next, it must be shown the defendant intended to kill, cause great bodily harm, or created a very high risk of great bodily harm or death. Third, that the defendant was committing or attempting to commit a felony when the death occurred. In addition, the prosecutor must prove the underlying felony as well.
In other words, this is murder that occurs during the commission or attempted commission of a number of serious crimes, which include: arson; first-degree child abuse; CSC or criminal sexual conduct (either first, second or third-degree); major drug offenses; carjacking; robbery; breaking and entering into a home; first or second-degree home invasion; any type of larceny or theft; kidnapping; extortion; first or second-degree vulnerable adult abuse; aggravated stalking; and torture.
In addition, it is first-degree murder to kill a police officer, jail, or prison guard; parole or probation officer; and more; while in the course of performing his or her job duties.
All other types of murder are considered second-degree murder. In other words, second-degree murder is not a specific-intent crime. The maximum penalty is life in prison, or any term of years, at the court’s discretion.
The prosecutor must prove all the parts of the crime beyond a reasonable doubt for a conviction to result at trial. First, the defendant must be shown to have caused another person’s death. Second, that the defendant had the state of mind of intending to kill, cause great bodily harm, or create a very high risk or great bodily harm or death. Third, it must be shown the killing was not a justified one, legally excused, or committed under circumstances that would reduce it to a lesser offense.
How We Defend Murder Charges
Facing the daunting task of beating murder charges, you may feel hopeless and tempted to resign yourself to using a court-appointed attorney. Or you may feel that you can’t afford the level of criminal defense that you deserve. However, murder charges do not have to result in a conviction. We can help you. It is also important to remember that your freedom is absolutely priceless. You cannot regain the time that is spent in prison.
Therefore, we provide thorough and comprehensive legal defense. Prosecutors will do everything possible to prove the killing in question was premeditated and that you intended to kill the other person. In response, we have a team of lawyers working on your behalf, crafting innovative and sophisticated legal strategies.
In addition, we utilize expert witnesses including psychologists, polygraph specialists, doctors, experts in DNA evidence, and other investigators to help bring you the best possible outcome. We also critically analyze your case looking for any mistakes made by prosecutors or law enforcement. Finally, we aggressively protect your rights at every stage of the case.
We Can Help You!
We are different than other firms in that we actively work with you on your case, not just for you. If you believe our approach is right for you, contact The Kronzek Firm at 866 766 5245 for a free case evaluation today. We are also available 24/7 for emergency situations as well.
More information on Open Murder charges
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