Legal Question in Criminal Law in Michigan
In Michigan, is Reckless Discharge of a firearm a lesser included offense of Felony firearm? And, if defendant was acquitted of felony firearm (self-defense), and never charged with reckless discharge of firearm is it illegal to just convict defendant for that crime in a bench trial setting ? There is no amended information charging such either.
. Second, Defendant was never charged with malicious destruction of personal property, yet, the judge convicted defendant of such. The judge admitted on record that defendant wasn't charged with malicious destruction of personal property, then the judge, not prosecutor, stated that she has to amend the information to comport with the proofs. Sentencing is scheduled for the 26th and there is no amended information. What must the attorney of record do to preserve appellate right after the illegal sentencing? Please answer these questions. Thank you.
1 Answer from Attorneys
Judge can amend charges after a trial
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