Legal Question in Criminal Law in Michigan
I was convicted of Attempted Fleeing and Eluding.
I was convicted of Attempted Fleeing and Eluding but the SOS still considersit a Felony.
What can I do?
1 Answer from Attorneys
Re: I was convicted of Attempted Fleeing and Eluding.
The Secretary of State does not list a conviction as a "felony" or "misdemeanor" on the person's driving record. Did you mean to say that the MSP CCH (criminal history) lists it as a 'felony'?
The statutes that explain how points are assigned for various convictions do not give the person a "point break" if they are convicted of an "Attempt". They get the points for the primary, completed crime.
The "Attempt" statute [MCL 750.92] merely cuts the maximum jail/prison, may change the maximum fine that can be imposed, and may change the offense from a 'felony' to a 'misdemeanor'. However, if the original crime was a 4-year felony, a conviction for "attempted ___" becomes a 2-year "high court misdemeanor", which is still treated as a prior felony when scoring the felony sentencing guidelines in a subsequent felony.
Related Questions & Answers
-
Contemt of court can they hold u in comtemt of court if u are doing time in a... Asked 3/11/08, 11:18 am in United States Michigan Criminal Law