Legal Question in Criminal Law in Michigan

felony fdirearm

can the charge be drop to a gross misdemenor


Asked on 10/20/08, 1:52 pm

3 Answers from Attorneys

Re: felony fdirearm

If you need to hire a lawyer to help you through this very serious firearm charge, go to:

www.AggressiveCriminalDefense.com

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Answered on 10/20/08, 1:53 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: felony firearm

In theory, any charged crime CAN be "dropped" ... but it'll require the prosecutor to decide to do it.

Felony Firearm is a very serious crime. First, the penalty is a mandatory 2 years in prison, served BEFORE you start serving time for any other crimes you get convicted of at the same time. Second, guns endanger the community, and when you commit a crime with a gun, it's hard to be totally objective. Prosecutors (and most judges) treat your case differently because of a gun being involved.

When a prosecutor charges Felony Firearm, it is (or should be) a statement that the prosecutor wants you to go to prison. So, it's unlikely that this particular charge would be reduced to a misdemeanor (because that sends the opposite message: that the prosecutor does NOT want you to go to prison). Sometimes prosecutors will agree to dismiss the FFA charge if the defendant pleads to other charged crimes (which may or may not have the effect under the felony sentencing guidelines to get a prison sentence, or a jail sentence).

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Answered on 10/20/08, 2:26 pm
William Morrison Action Defense Center

Re: felony fdirearm

You're looking at a mandatory 2 years added on to the felony sentence and need to see an attorney before the next time you get in front of a judge.

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Answered on 10/20/08, 2:41 pm


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