Legal Question in Criminal Law in Michigan
attempted no accounts checks
My friend was charged with attempted no accounts checks. I can not find the statute. Is it a felony or misdemeanor.
1 Answer from Attorneys
Re: attempted no accounts checks
No Account Check (MCL 750.131a) is a felony carrying up to 2 yrs or $500 fine.
The general Attempt statute (MCL 750.92) impacts the maximum incarceration and sometimes the fine. An "Attempt" results in the maximum incarceration being cut in half, but the fine could be $1,000 or more.
My read would be that Attempted No Account Check would have maximum penalties of 1 year or a $1,000 fine.
Since the penalty is now 1 year, it converts the original felony (No Account Check) to a misdemeanor, because the statutory definition of a misdemeanor is a crime carrying a maximum incarceration of 1 year or less; although, some crimes are specifically labeled 'misdemeanor' and have penalties of up to 2 years.
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