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Understanding Michigan’s Criminal Laws: A Guide for Defendants

By: Nader W. Nassif, Esq.

If you have been charged with a crime in Michigan, it is important to understand the criminal laws in Michigan. While each case is unique, understanding the specifics of the crime you are charged with and the potential consequences can help you make informed decisions about how to move forward with your defense. In this article, we will provide an overview of Michigan's criminal laws to help you better understand your situation.


Criminal Law in Michigan


Michigan's criminal laws are outlined in the Michigan Penal Code. The Penal Code covers a broad range of offenses, including assault, robbery, theft, drug offenses, homicide, and sexual assault. The penalties for these crimes vary widely depending on the severity of the crime and other factors.


One important thing to note is that Michigan is a "three strikes" state. This means that if you are convicted of three felony offenses, you could face life in prison without the possibility of parole due to being a habitual offender. As a result, it is particularly important to understand the consequences of even minor criminal offenses, as they can have long-term implications for your future.


Classification of Crimes


In Michigan, crimes are classified as either misdemeanors or felonies. Misdemeanors are less serious offenses, such as driving under the influence, minor drug offenses, and disorderly conduct. Misdemeanors carry a maximum of one year in jail for certain offenses. Felonies, on the other hand, are more serious offenses such as homicide, sexual assault, and drug trafficking. Felonies generally carry much more severe penalties, including significant jail or prison time and fines.


Sentencing Guidelines


Michigan uses a set of sentencing guidelines to determine the penalties for felony criminal convictions. These guidelines take into account the severity of the crime, the defendant's prior criminal record, and other factors that may impact the defendant's sentence. The guidelines are advisory, which means that judges are not required to follow them, but they are often used as a starting point for determining the appropriate sentence.


In addition to the sentencing guidelines, Michigan also has mandatory minimum sentences for some offenses. This means that, regardless of the specifics of your case, you will face a minimum amount of jail time if convicted of certain crimes.


Defenses to Criminal Charges


If you have been charged with a crime in Michigan, you have the right to mount a defense. There are several common defenses to criminal charges, including self-defense, lack of intent, and alibi.


Self-defense is a common defense to assault charges. If you reasonably believed that you or someone else was in danger and acted in self-defense, you may be able to successfully argue that your actions were justified.


Lack of intent is another common defense to criminal charges. If you can demonstrate that you did not intend to commit the crime you are charged with, you may be able to have the charges against you lowered or dismissed.


Finally, if you can provide proof that you were somewhere else at the time of the crime, you may be able to argue an alibi defense. This can be particularly effective if you have eyewitness testimony or documentation to support your alibi.


Conclusion


Being charged with a crime is a stressful and difficult situation, but understanding Michigan's criminal laws and your rights as a defendant can help you make informed decisions about your defense. If you are facing criminal charges in Michigan, it is important to contact an experienced criminal defense attorney who can help guide you through the legal process and fight for your rights. Call us at My Michigan Legal today so we can help.


If you need legal help anywhere in the state of Michigan, then contact My Michigan Legal, PLLC at (844) 4MY-MICH (844-469-6424) today. 

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