It is important to take your charges seriously right from the start. Call Attorney Shelly and she can explain all of your legal options.
Attorney Shelly can help with current charges and past convictions. A felony can generally be expunged from public record if a person is not convicted of more than one felony and not more than two misdemeanors. There are several factors that need to be considered for an expungement, CALL NOW to set up an appointment. 810-820-9860.
There are several differences between misdemeanor and felony convictions; they are generally differentiated by the seriousness of the crime. Misdemeanors have a maximum jail sentence of one year; Sentences exceeding one year cannot be served in a county jail, so felony convictions expose defendants to prison. Felony convictions carry a minimum prison sentence of one year—certain felony convictions can result in a life sentence. Jurisdictions are different as well; misdemeanors are handled in District Court while felony charges are handled in Circuit Court.
Some of the most common misdemeanor charges Attorney Shelly handles include:
- DUI offenses
- Drug possession
The guidelines for felony charges are tougher and more complex than misdemeanor charges. Some felony charges include:
- First-degree murder
- Criminal Sexual Conduct
- Armed robbery
- Child abuse
- Production of child pornography
- Carrying a concealed weapon
- Possession of marijuana
- Resisting and obstructing a police officer
Local Ordinance Misdemeanors
These violations are the least serious of any offenses, and, by law, can only be punishable by a maximum fine of $500, plus costs, and no more than 93 days in the county jail. In most Michigan cities, the prosecutors in these particular cases are the City or Township Attorney. Generally, this position is annually elected by City Council or Township Board to represent the City in Civil, Zoning, and Criminal Ordinance cases. Many of these attorneys are in private practice and have defended the same cases the prosecute.
State Violation Misdemeanors
State Law violation carries similar consequences as Local Ordinance. The maximum fine is still no more than $500, plus costs, and there can be no more than 93 days of County incarceration. State Law cases are always handled by the County Prosecutor’s office, with full-time Assistant Prosecutors. Being classified as State Law rather than Local Ordinance depends on whether the municipality has enacted a law relevant to it. For example, Narcotics Paraphernalia, not all cities have a paraphernalia ordinance. If a police officer assumes there is illegal residue on the pipe he could charge the individual under Local Ordinance crime of possession, or charge them under the State Law prohibiting the possession of narcotics paraphernalia. Under Local Ordinance, the court retains a bigger cost and fines compared to cases brought under State Law. For this reason, police officers tend to charge under Local Ordinance.
One -Year Misdemeanors
These are always State Law cases. Under Michigan Law, with a few exceptions, Local Municipalities cannot handle One Year Misdemeanors. The term “One Year” means that these offenses are punishable by up to, but not more than one year in the County Jail, and up to a $1000 fine plus costs. For example, the charge of Operating While Intoxicated. If an individual is charged by local Police with a first offense, the charge will most likely be served as a 93-day Local Ordinance violation. Even under State Law, the first offense for this crime is limited to a maximum punishment of no more than 93 days in jail. If an individual has been convicted of a second OWI and is then charged with Operating While Intoxicated Subsequent Offense, then the charge is automatically a State Law offense, hence a One Year Misdemeanor.
Like a misdemeanor, felony crimes are punishable by incarceration and loss of privileges. Though, these crimes are much more serious and not only are you more likely to lose your home and job but likely your prosecution will turn your entire life upside down. Shelly ensures all aspects of your case will be evaluated with the most attention to detail- any less could break your case.
Felonies are divided into eight classes:
- Class A Felony – Up to life in prison
- Class B Felony – Up to 20 years in prison
- Class C Felony – Up to 15 years in prison
- Class D Felony – Up to 10 years in prison
- Class E Felony – Up to 5 years in prison
- Class F Felony – Up to 4 years in prison
- Class G Felony – Up to 2 years in prison
- Class H Felony – Jail time or probation
Two -Year Felonies are also commonly known as “Class G Felonies” or “high court misdemeanors.” These cases fall are considered to be more serious than a misdemeanor but not as serious as felonies tend to be. Some of these crimes include violent assaults, involuntary manslaughter, habitual driving while impaired, common-law robbery, Possession of Analogues, Resisting and Obstructing arrest and some sexual assaults. If you have no criminal history, jail time is not a worry but you can expect an intense probation period.
As we’ve said, not all cases are the same and circumstances of the case highly influence sentencing. However, there is one rule that applies to every case. “Any attempted crime is punishable by a maximum penalty of exactly half the incarceration of the completed crime.” For example, A Possession of Cocaine has a maximum punishment of up to four years in prison. If the individual charged with this crime and unable to keep it off of his or her record, the individual may be able to have the charge reduced to an “Attempt,” meaning they have been convicted of the Attempted Possession of Cocaine, and penalized by facing a maximum sentence of two years in Prison as opposed to four. Now, this has been bumped from a two-year felony to a high court misdemeanor.
Lifelong felonies are also referred to as ‘Class A Felonies’ or ‘Capital Cases.” These are the most serious of all criminal offenses and often result in a term of Life in Prison. In the state of Michigan we consider the following to be Class A felonies: first and second-degree murder, criminal sexual conduct in the first degree, kidnapping, or assault with a deadly weapon with the intent to rob or steal.