In Michigan, if an individual is committing a felony and during the felony, a person dies, even if the individual committing the original felony did not intend to kill that person, the individual may still be convicted of murder under Michigan’s felony murder statute. Under Michigan Law § 750.316, if an individual commits murder in the perpetration or attempted perpetration of any of the below crimes, they could be charged with felony murder:
- Criminal Sexual Conduct
- Child Abuse
- Major Controlled Substance Offense
- Breaking and Entering
- Home Invasion
- Aggravated Stalking
In addition to the charges brought on by the commission of the original felony, the accused individual will also have to serve the penalties resulting from the murder charge as well.
Michigan Felony Murder Lawyer
A charge for felony murder is a serious matter in the state of Michigan. A conviction can result in steep fines, imprisonment and unfortunately, end up on your permanent criminal record, which will make it harder for you to find employment and potential housing. Protect your rights and your freedom by contacting Dallo Law, P.C. today.
Attorney J. Dallo at Dallo Law, P.C. has years of experience defending people accused of murder and a proven track record of success. Call us now at (248) 283-7000 to set up your first consultation for free.
Dallo Law, P.C. accepts clients throughout the Oakland County and Macomb County area including Bloomfield Hills, Sterling Heights, Roseville, Pontiac, Troy, Royal Oak, Birmingham, Utica, Rochester, Novi and St. Claire Shores.
- Penalties for Felony Murder in Michigan
- Potential Defenses for Felony Murder
- Statute Of Limitations
- Can A Juvenile Be Charged As An Adult?
- Additional Resources
Penalties for Felony Murder in Michigan
If an individual is convicted of felony murder, they will be charged with life in prison. As the name of the crime states, it is a felony and also carries the risk of heavy fines as well. The individual who commits the crime will have a criminal record which will likely limit their choices for future jobs, housing locations, and loan approvals.
A felony murder record will likely remain on the individual’s criminal record for the rest of their life. Michigan currently does not have an expungement rule which applies to extremely violent crimes or crimes that are punishable by 10 years or more. An expungement rule would allow the individual to eventually request to remove the criminal conviction from their criminal record where people like employers could not find the charge. Without a valid expungement statute, individuals who commit a crime in Michigan must live with the consequences of a criminal record for a long time.
Once an individual has a criminal record, it is very hard to get rid of. It is essential that if an individual is charged with a felony murder charge that they contact a team of highly skilled attorneys as soon as possible to help them determine if there is a valid defense that could be used in the defendant’s case to help remove or at least lower the sentence.
Potential Defenses for Felony Murder
A defense may be able to reduce or even eliminate a drug charge. Depending on the details of the case, an experienced attorney can find defenses for the case, then bring them before the judge or jury. If we can argue that the death of the person was not at all related to the felony or the individual did not commit the underlying felony in the first place, there is a very likely chance that the charge will get dropped or a least reduced.
For the prosecution to prove a felony murder charge, they will have to prove the underlying felony (the crime committed before or during the homicide) first and then prove that the death was indeed related to the felony. Both of these items must be proven beyond a reasonable doubt. By bringing valid defenses or a group of valid defenses, our attorneys will help the accused individual get some freedom back.
Every individual’s constitutional right is to have an attorney represent them and their interests in a criminal case. Take advantage of these rights and make sure someone is standing up for the rights of the accused.
Statute Of Limitations
A statute of limitations is the period in which the prosecution must file their claim against the accused individual. If this period expires without the prosecution beginning the process against the accused individual, the prosecution will not be able to file charges for the crime committed.
Generally, the statute of limitations period begins when the accused individual commits the crime and is arrested. In most cases, the prosecution does not waste any time filing the case. They usually start the process almost immediately once the offense occurs.
In Michigan, the statute of limitations for most felonies is ten years. But, in the case of violent felonies like felony murder and the underlying felonies that accompany felony murder, the statute of limitations does not exist. Although in cases where the statute of limitations does not exist, the longer the prosecution waits to bring the crime, the less likely they will find evidence of the crime, which will prove beyond a reasonable doubt that the individual in question committed the crime.
Can A Juvenile Be Charged As An Adult?
If a child is arrested and charged with felony murder or any underlying felonies, it is ok to worry about the child’s future. But, if the child is of a certain age, they may also be worried about the chance of being tried as an adult. The juvenile justice system is typically nicer to children and likely less intimidating. The penalties are often less severe and focus on rehabilitation instead of strict punishment, as the adult justice system does. So, can all children be tried as an adult?
In Michigan, minors as young as 11 have been tried for violent crimes like murder. Although it is more likely that if the child is 14 or older, they will likely be tried as an adult. It is very important that if a child is charged with a crime, they connect with an experienced juvenile justice attorney to work with them from the beginning to help them stay in the juvenile justice system and not be tried as an adult.
The Michigan Penal Code § 750.316 | Michigan Legislature – The full statute regarding the crime of felony murder in Michigan.
Victim Resources|Prosecuting Attorneys Association of Michigan – This resource provides information for victims of crimes and resources available to them.
Bloomfield Hills Felony Murder Lawyer | Oakland County, MI
If you are facing criminal allegations for felony murder, you are probably feeling very frightened. At Dallo Law, P.C., attorney J. Dallo is ready to answer your questions and work with you to develop a solid, effective defense strategy for your case. Your legal rights must be protected from the very beginning.
Call Dallo Law, P.C. today for a free consultation at (248) 283-7000. Dallo Law, P.C. is located in Bloomfield Hills but accepts clients in Oakland County and Macomb County including Rochester, Rochester Hills, Sterling Heights, Birmingham, Royal Oak, Clarkston, and Oakland Charter Township.