Legal Question in Criminal Law in Michigan

Son n Law question 2

What is the difference between 2 counts Attempt CSC 2nd and 2 counts CSC 2nd ? He has been in jail for a year. What sentence do you think he will get?


Asked on 3/03/09, 2:51 pm

2 Answers from Attorneys

Timothy Klisz Klisz Law Office, PLLC

Re: Son n Law question 2

Attempt is 1/2 the punishment of the actual crime. His sentence will depend on a bunch of things. Too speculative to tell you on this forum. Visit www.kliszlaw.com for more information. Tim Klisz

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Answered on 3/03/09, 2:54 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Son n Law question 2

An "attempted" CSC 2nd has a maximum 5 years in prison, rather than the maximum 15 years for CSC 2nd, per the Attempt statute [MCL 750.92].

Also, where CSC 2nd is a "C" class felony, Attempted CSC 2nd is an "E" class felony under the sentencing guidelines.

Your "What sentence do you think he will get?" question cannot be answered in the vacuum that you gave us. We know nothing about your son-in-law's criminal record, or the case facts. We don't know who the judge is (which can have a big impact on the sentence). We don't know which prosecutor's office is handling this, or what kind of sentencing recommendation the prosecutor or victim might make. All of these factors (and more) play a role in what this defendant might get.

He has been in jail for a year for this crime, and has not been sentenced yet? I find that very hard to believe.

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Answered on 3/03/09, 3:16 pm


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