Legal Question in Criminal Law in Michigan
i need help on this
what is the guidelines for larceny in a building and b&e?
1 Answer from Attorneys
Re: i need help on this
We cannot give you a reasonable answer to what the felony sentencing guidelines for Larceny in the Building, or for "B&E".
First, which "B&E" crime are you referring to? Entry Without Permission (a misdemeanor)? B&E Building With Intent to Commit a Larceny? Home Invasion? Etc?
Second, the factors/variables that have to be weighed include information that you left out of your question.
The unknowns include "Prior Record Variables" -- such as the defendant's prior felony and misdemeanor record (as an adult and juvenile), whether the defendant was on bond/probation/parole at the time of the incident, whether the defendant will be sentenced for multiple felonies at the same time.
The unknowns also include "Offense Variables" -- such as whether weapons were used, the number of victims, the amount of property damaged/stolen, whether the defendant was a leader in a multi-defendant crime, whether there has been a pattern of criminal conduct in the past, whether there are uncharged/unconvicted crimes that occurred within a day of the conviction crime, whether the defendant interfered with justice, etc.
All of these factors (and more) have to be assessed in order to calculate a minumum sentencing guidelines range. We know NOTHING about the facts in order to answer your question.
Third, the other great unknown in your case is which judge will be sentencing the defendant. That judge will be the one deciding what the final guidelines calculations are, and will be deciding whether to sentence the defendant inside the guidelines range, or above it or below it. Some judges have "known tendencies" that can help attorneys make a more accurate prediction about what the guidelines scoring will be.
For all these reasons, we cannot answer your question as written. If you want to re-send your question with more background intofmation, so be it. Otherwise, you may be best served by sitting down with a defense attorney face to face to go through the case facts, the prior record information, etc.
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