Legal Question in Criminal Law in Michigan

felony charges

How long will he go away for breaking and entering while under the influence?


Asked on 1/16/08, 1:05 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: felony charges

"B&E Under the Influence" is not a specific charge in Michigan. "B&E With Intent" (e.g., to commit a larceny) IS a crime. It's a felony carrying up to 10 years.

How much time? Possibly no jail time; just probation. Possibly jail time for any number of days up to a year. Possibly prison time up to 10 years. It's also possible that the case could be resolved with a dismissal if the defendant is eligible for and successfully completes Youthful Trainee Act probation.

We cannot tell you how much time THIS defendant will get for THIS crime because you did not tell us enough case facts, or about the defendants' prior criminal background. Those details are critical factors in calculating a sentence range in the felony sentencing guidelines, and heavily influence the judge's sentence decision.

Another "unknown" is: which judge will be doing the sentencing? Judges have some discretion when sentencing, and some judges, for some crimes, sentence harsher or more leniently than other judges.

For all these reasons (and probably more) we cannot give a more specific answer.

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Answered on 1/16/08, 1:37 pm


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