Legal Question in Criminal Law in Michigan
a young man 18 yrs. old priors as a juvenile no priors as an adult charges are:
ccw, attempted murder,home invasion,stolen property. he is facing life in prison what is the likely hood he will recieve life this is in a rural area lansing,Mi stated it would be felonious assult Ionia Mi states life can you help?
He is my son and i'm trying to find out as much as i can. please help.
Thank-you
3 Answers from Attorneys
We can help your son with his case. You can read more about us at
www.AggressiveCriminalDefense.com
You can call our Lansing office at (517) 886-1000 if you want our help.
No attorney can tell you what his sentence will be with the limited facts you told us.
First, we don't know who the trial/sentencing judge is. Some judges have 'tendencies' that help attorneys guess better about what the likely sentence range will be.
Second, none of the crimes you mention are "mandatory life" crimes. Attempted murder is "life or any term of years". It is probable that the judge would go with the "any term of years" option and the felony sentecning guidelines would give the judge a range within which the minimum term of years would be appropriate.
Third, we cannot even begin to calculate what the guidelines range is because we don't know enough facts. For example, you mention that he has a juvenile history but do't tell us what the offenses were, whether they were felonies or misdemeanors, etc. The guidelines include points for high- and low-severity juvenile adjudications and misdemeanors. These can't be calculated without knowing the details of his priors.
Fourth, the guidelines include more than a dozen "offense variables", and you don't tell us anything about the (alleged) crime details surrounding the CCW, attempted murder, home invasion and stolen property crimes.
Fifth, is it home invasion 1st, 2nd, or 3rd degree? Which level of receiving & concealing is it?
Sixth, with all those charges pending, it's possible that the case could be plea bargained (charges dismissed or lowered; prosecutor making a sentence recommendation, etc.). If those things happen, all of the "guess-timations" mentioned above have to be reconsidered.
Your son does need an attorney. Your son (not you) is the client, and has to be comfortable that with that attorney. You may want to work with your son to meet with several attorneys before deciding who is best to represent him.
It is unlikely that your son will go to prison for life. In Michigan, the courts must use sentencing guidelines to determine what range your son's guidelines may be. Yo can probably esimate/calculate that now if you know how to. If he is found guilty or takes a plea, the Judge can sentence him within the guideline range and can not deviate from those guidelines unless he has compelling reasons to do so. Contact the aggressive attorneys at Attorneys of Michigan toll free (888) 484-9349 to help you help your son. All the best...
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