Michigan Felony Defense Lawyers

Fighting Felony Charges with Skilled Criminal Defense Attorneys

Felonies in Michigan are classified as crimes resulting in incarceration longer than one year. Compared to misdemeanors which have a maximum sentence of one year, felony convictions have a much more significant long term impact on an individual’s life. Even after a sentence has been served and the individual is released from the criminal justice system, being labeled a felon will dramatically impact their life in terms of the jobs they can hold and their ability to exercise their rights, in addition to the social stigma it will carry.

The stigma surrounding felons is sometimes unfairly placed on these individuals, as not all felonies are violent crimes people often think of such as murder, robbery, theft, etc. Sometimes a felony can result from an otherwise good person who simply made a bad choice or had a moment of poor judgement that resulted in unintended consequences. Some of these felonies are considered victimless crimes, as no particular individual was directly harmed. In fact, there are so many possible felonies on the books currently that some are simply committed by mistake without the offender being aware of it.

Because of the severity of the consequences of a felony conviction, it is absolutely vital that anyone facing these charges contact a criminal defense attorney specializing in felony offenses. While felony charges may be overwhelming, they are not insurmountable with the right legal team on your side. If you are facing felony charges in Michigan, please contact our office today to find out how we can help.

Common Felonies in Michigan

There are a wide range of felonies in Michigan, ranging from traffic violations to assault, murder and drug offenses. Michigan courts however handle several common types of felonies on a regular basis, which are listed below.

Embezzlement

This occurs when an individual in a position of authority or trust uses their position to gain financial benefits without the approval, authorization or knowledge of their employer or the principal who owned the funds. Sometimes this occurs by mistake, such as an accounting error. Unfortunately however, misunderstandings still can result in substantial legal problems so it is vital that individuals facing felony embezzlement charges seek legal counsel immediately.

Felonious Assault

This is by far the most serious form of assault on the books, with the heaviest criminal penalties for those convicted. Generally speaking felonious assault involves some sort of weapon or an object used as a weapon. The harshest penalties are reserved for felonious assaults involving the use of a firearm, when they occur on school grounds or if there was intent to cause serious harm, per Michigan Penal Code Section 750.82, as outlined below:

“… (1) a person who assaults another person with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon without intending to commit murder or to inflict great bodily harm less than murder is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

(2) A person who violates subsection (1) in a weapon free school zone is guilty of a felony punishable by 1 or more of the following: (a) Imprisonment for not more than 4 years. (b) Community service for not more than 150 hours. (c) A fine of not more than $6,000.00.”

Felony Theft

In Michigan, felony theft is broken down into two different classifications. The first classification is applicable to offenses involving property valued over $1000 but under $20,000. The more serious classification of felony theft is the second level which involves the theft of property valued over $20,000. There are a number of different punishments for felony theft, which depends on not only the value of property stolen, but also whether the offender has prior convictions for theft.

Generally speaking, individuals charged with the first classification of felony theft will face fines of up to $10,000 or three times the value of property stolen and up to five years in prison. For second classification charges, defendants will face up to 10 years in prison and fines of up to $15,000 or three times the value of property stolen. With prior offenses, both jail time and fines increase for each classification.

Felony Drug Charges

Like any other state, Michigan has heavy restrictions on illegal substances such as drugs. The state follows federal guidelines under the Federal Controlled Substances Act, which creates five different categories called “schedules”. Controlled substances are organized into these different schedules based on their potential for abuse, as well as whether they have an accepted medical use.

When felony drug charges are being levied against an offender, the schedule of the drug will have an impact on severity of the charge. When this goes beyond a simple possession charge and involves the selling or distribution of drugs, the level of punishment goes up significantly. In this situation, an individual convicted of dealing drugs in Michigan can face prison sentences of up to four to seven years, as well as a maximum fine ranging from $10,000 to $20,000.

In Michigan, felony sex offenses encompass a variety of serious crimes, each carrying substantial penalties. Among these offenses, Criminal Sexual Conduct (CSC) is particularly notable, with four degrees of severity. First-degree CSC (the state’s rape law) involves sexual penetration under specific circumstances such as with victims under 13 years or those with disabilities. A rape conviction can result in up to life in prison.

Other serious felony sex offenses in Michigan include accosting a minor for immoral purposes, involving adults attempting to persuade or coerce children under 16 into illicit activities, punishable by up to 4 years in prison and fines up to $4,000. Child pornography offenses are also heavily penalized; producing, distributing, or possessing materials that sexually exploit children can lead to long prison sentences and significant fines, such as up to 20 years in prison and $100,000 fines for producing child pornography.

Each of these offenses carries not only immediate legal consequences but also long-term impacts, including a permanent criminal record as a sex offender and mandatory registration.

Felony Motor Vehicle Offenses

In Michigan, felony traffic and motor vehicle offenses cover a wide range of serious violations, each with significant penalties. For instance, if you’re involved in an accident and fail to stop, provide your information, and assist those who are seriously injured, you’re committing a serious offense. In cases where a hit and run accident results in death, the consequences are much more severe, potentially leading to 15 years in prison and a $10,000 fine.

Similarly, fleeing the police is a grave offense. The severity ranges from a fourth-degree felony, punishable by up to 2 years in prison and a $2,000 fine, to first-degree fleeing, which involves a death and can result in up to 15 years in prison and a $15,000 fine.

Operating While Intoxicated (OWI) is another serious offense, especially for habitual offenders or when it results in injury or death. The penalty for an OWI resulting in death is a potential maximum of 15 years in prison, a fine that ranges from $2,500 to $10,000, mandatory vehicle immobilization, vehicle forfeiture, and potential restitution.

Felony Computer/Internet Crimes

In Michigan, felony computer and internet offenses encompass a variety of serious cybercrimes, each carrying significant legal consequences. These offenses include unauthorized access to computers and networks, using computers to commit crimes, and specific crimes involving minors.

Fraudulent access to computers involves illegally accessing a computer or network to commit fraud or obtain money, property, or services falsely. Depending on the circumstances, you could face up to 10 years in prison for amounts over $20,000.

Additionally, using the internet or a computer to commit crimes involving a child, such as soliciting a child for immoral purposes or distributing child pornography, is illegal. These felonies can lead to substantial penalties, including a prison sentence of up to 20 years.

Identity theft is another major offense, with first-time violators potentially facing up to 5 years in prison and fines up to $25,000, escalating for repeat offenses.

Felony Classifications for Sentencing Purposes

In Michigan, felony offenses are classified into various crime classes, ranging from the most serious to less severe. These classes determine the maximum term of imprisonment associated with each class:

• M2 / Class A Offenses: These represent the most serious category of felonies, including second-degree murder. The maximum sentence is imprisonment for life or any term of years.
• Class B Offenses: These crimes can lead to imprisonment for up to 20 years.
• Class C Offenses: Offenders convicted of Class C felonies face up to 15 years in prison.
• Class D Offenses: These are punishable by imprisonment for up to 10 years. However, some Class D offenses may carry a maximum term of 20 years, depending on the specific statutory language.
• Class E Offenses: These crimes can result in imprisonment for up to 5 years.
• Class F Offenses: Conviction can lead to imprisonment for up to 4 years.
• Class G Offenses: These are punishable by imprisonment for up to 2 years.
• Class H Offenses: These offenses may result in jail time or other intermediate sanctions.

Felony Criminal Process

When you’re charged with a felony in Michigan, it’s important to know the steps of the criminal process. This will help you know what to expect and how to prepare. The process starts with your initial arraignment and includes several stages such as probable cause conferences, preliminary examinations, and, if necessary, a trial.

At your initial arraignment, you’ll first appear in court. Here, you’re formally charged and informed about the nature of the accusations against you. The court will also discuss bail, which might require you to pay to ensure your appearance at future hearings.

Following the arraignment, a probable cause conference is held. This is a key step where your lawyer and the prosecutor discuss the case. They might talk about plea deals, bond adjustments, and other important details. This conference is a chance to possibly settle the case early and is usually scheduled soon after your arraignment.

The pretrial and trial stages are where both sides prepare and present their cases. Motions might be filed, like requests to dismiss charges or limit certain evidence. If no plea agreement is reached, the case goes to trial. At the trial, either a jury or a judge will decide if you’re guilty based on the evidence presented.

Remember, throughout this process, it’s important to have a skilled defense attorney by your side. An experienced lawyer can guide you, negotiate on your behalf, and ensure your rights are protected.

Felony Criminal Defense Lawyer

If you’re facing felony charges, don’t go through this process alone. George Law is here to support you every step of the way. Our experienced attorneys understand the Michigan criminal justice system and will fight tirelessly for the best possible outcome in your case. For legal assistance and a defense that fits your unique situation, call (248) 247-7459 or contact us online. We’re committed to defending your rights and helping you get through this challenging time.