If you’ve been arrested for manslaughter, you will need legal representation immediately. Manslaughter is one of the most serious crimes on the books in Michigan and could decimate your current and future life goals. If you’re convicted, you could be facing over ten years in prison and fines of up to $7,500. Unfortunately, the penalties don’t stop there. Once you’re released, you’ll be stuck with the collateral consequences of your conviction. That means your employment and housing prospects will be extremely limited, and you’ll have a permanent criminal record that will follow you around for life.
With so much at stake, it’s not just important for your defense but mandatory you hire experienced legal counsel with a background in homicide offenses. These charges could potentially uproot your life indefinitely with little to no sympathy. That is why having a skilled Michigan manslaughter defense attorney to advocate for you on your behalf is so critical. If you’ve been arrested for manslaughter or any other violent offense, call Dallo Law, P.C..
Manslaughter Defense Lawyer, Oakland County | Homicide Offenses, Michigan
Any type of homicide charge in the state of Michigan could potentially alter your life indefinitely. The crime carries some of the harshest penalties in Michigan Legislature, and since you’ll have a manslaughter conviction on your record the chances of obtaining a job or license after release are incredibly low. For these reasons and more, it’s within your best interest to secure legal representation with a talented manslaughter defense attorney like J. Dallo.
J. Dallo of Dallo Law, P.C. has a highly acclaimed and aggressive approach in the courtroom. He understands a defense for any kind of homicide will require creativity, extensive resources, and persistence. J. Dallo can provide all of these towards your defense and more thanks to his years of practice and unparalleled track record of success. Call (248) 283-7000 today to learn your legal options and set up your first consultation free.
Dallo Law, P.C. accepts clients throughout the greater Oakland County and Macomb County area including Warren, Sterling Heights, Mount Clemens, Roseville, Eastpointe, Romeo, Clinton Township, Bloomfield Hills, New Baltimore, Pontiac, Troy, Waterford Township, Southfield, Rochester, Rochester Hills, Royal Oak, Clarkston, Novi, Farmington Hills, and Madison Heights.
- Elements of Manslaughter in Michigan
- Punishment for Manslaughter
- Penalty for Vehicular Manslaughter
- Different Types of Homicide in Michigan
- Additional Resources
Elements of Manslaughter in Michigan
Some states define the crime of murder and manslaughter under their statutes. However, under the Michigan Penal Code there is a statute for manslaughter, but the section does not list out the elements of the crime. Instead, the Michigan Penal Code Section 750.321 provides the sentencing guidelines for manslaughter only.
For this reason, Michigan courts in its place will revert to the common law the United States inherited from England when defining the offense of manslaughter. According to common law, manslaughter can be charged as either voluntary or involuntary.
Voluntary manslaughter involves the intentional killing of another person. What separates voluntary manslaughter from murder is the person was killed during the heat of passion. That means there was no premeditation or prior intent to the killing unlike the crime of murder. Essentially, it means the defendant murdered another person because they were blinded by extreme emotions whether that be anger, jealously, resentment, amongst others.
Involuntary manslaughter, on the other hand, is when someone accidentally kills another person due to extreme negligence or during the commission of another crime where there was no intent to kill. Most involuntary manslaughter cases are related to automobile accidents and drivers who are acting carelessly. Regardless of what type of manslaughter you’re charged with, both crimes share the same penalties under Michigan law.
What is the Punishment for Manslaughter?
Manslaughter carries harsh penalties that can be lifelong. In Michigan, if you’re convicted of manslaughter, you’ll be facing the following penalties:
- Up to 15 years in prison
- A fine of up to $7,500
Killing another person by explosives is also considered manslaughter under Michigan law under 750.327-8. According to the statutes, no person can order, send, take, or carry or attempt to do any of the above dynamite, nitroglycerine or any other explosive concealed in a bag, satchel, trunk, box, or other contained, on any passenger boat, vessel, or any railroad car, streetcar, motor bus, train of cars, stage or other vehicle used to carry passengers.
If someone dies as a result of the explosives, then you’ll be facing life imprisonment, or any terms of years determined by the court. Even if you had no intent to kill and simply left the explosive device to destroy an object or building.
Penalty for Vehicular Manslaughter
Currently, the state of Michigan doesn’t have a statute reserved for “vehicular manslaughter.” In the past, there was a statute but that was repealed in 2009. Now, you can be charged with one of the following if you kill someone in an automobile accident unintentionally.
- Operating a Vehicle While Intoxicated – Michigan Vehicle Code 257.625
- Reckless Driving – Michigan Vehicle Code 257.626
- Moving Violation Causing Death – Michigan Vehicle Code 257.601d
The penalties for vehicular manslaughter will depend on what section you’re charged under. If you were driving recklessly without wanton and willful disregard of other’s safety or property, then you’ll be charged with reckless driving. The crime is a felony and the maximum punishment you’ll receive for killing another person while recklessly driving includes:
- Up to 15 years in prison
- A fine of up to $10,000
Now, if the prosecutor can’t prove you drove recklessly, they may instead charge you with a moving violation causing death. Essentially, the charge means you committed a moving violation (a minor traffic infraction like speeding or texting at the wheel) and at the time you committed the traffic infraction you were in an accident that caused another’s death.
A moving violation causing death is a misdemeanor offense punishable by:
- Up to 12 months in jail
- A fine of up to $2,000
Different Types of Homicide in Michigan
- First-Degree Murder – The charge with the harshest penalties out of all homicide offenses is first-degree murder. The prosecution must prove the killing was premeditated, meaning the defendant intended to kill the victim before the crime. First-degree murder will result in life imprisonment.
- Second-Degree Murder – All other types of killing not involving premeditation will be charged as second-degree murder. Most cases of second-degree murder involve the unplanned killing of another person with malice and without justification while they are committing a crime.
- Felony Murder – Killing someone in the act of committing a felony may result in a felony murder charge. The elements of the crime include killing another human being with intent to inflict great bodily harm or create a high risk of death/harm while committing or attempted to commit a felony under MCL 750.316.
Homicide Laws in Michigan – Visit the official website for the Michigan Legislature to read their laws explaining homicide offenses in Michigan. Access the site to read up on the various types of homicide offenses including first and second-degree murder, assisted suicide, manslaughter, death by explosives, amongst others.
Homicide Investigative Training – Learn how detectives train and investigate homicide offenses in Michigan by visiting the Michigan State Police site. Access the site to learn what is required of a homicide kit, the topics of instruction, their registration dates, and more relevant information.
Homicide Defense Attorney, Bloomfield Hills | Oakland County, MI
A conviction for homicide or manslaughter could put you behind bars for years, decades, and in some cases for the rest of your life. These excruciatingly high stakes mean you need an attorney equipped with the latest and greatest defense strategies and resources to fight your charges. Call Dallo Law, P.C. to find that attorney today with J. Dallo. He will work tirelessly through each phase of the trial to ensure you receive the best possible resolution for your case.
Although the charges are serious, the burden of proof is also incredibly high for the prosecution. J. Dallo is not afraid to hold the prosecuting attorney to that burden and do everything possible to cast doubt on their arguments. Call Dallo Law, P.C. at (248) 283-7000 to set up your first consultation today. We accept clients throughout Michigan including Oakland County and Macomb County.