Fighting for the Lowest Possible Michigan Sentencing Guidelines
How Prosecutor’s Manipulate Courts for Lengthy Sentences
Prosecutors argue for the highest possible felony sentencing guidelines and a defense lawyer is supposed to argue for the lowest possible scoring. Circuit judges consider variables under the Michigan Sentencing Guidelines to determine a recommended sentence range after hearing arguments from the lawyers and making rulings on the law. The scoring and calculating of the Sentencing Guidelines is complex. Under new law in Michigan, the guidelines are advisory and not mandatory.
As an example, prosecutors frequently use Michigan Sentencing Guidelines Offense Variables (“OV”) in an attempt to lengthen jail or prison sentences. As an example, points are assessed to OV 10 when a defendant engages in predatory conduct toward a victim or exploits a vulnerable victim. Prosecutors frequently use a very liberal and loose definition of “predatory conduct” to justify scoring this guideline.
How a Criminal Defense Attorney Can Lower Your Sentence
A great defense lawyer will be familiar with the latest case law and always be prepared to argue for a reduction in the sentencing guidelines and counter any argument made by the prosecution to increase the guidelines. A “victim” for purposes of this offense variable is a person who suffers from a destructive or injurious action. A person without an injury is not a victim. “Vulnerability” refers to “the readily apparent susceptibility of a victim to injury, physical restraint, persuasion, or temptation.” MCL 777.40(3)(c). Just because an alleged victim is injured, does not make that person automatically vulnerable. There must be an apparent and particularized weakness or predilection to injury or victimization. Finally, “predatory conduct” is “pre-offense conduct directed at a victim for the primary purpose of victimization.” Run-of-the-mill planning is insufficient. Pre-offense conduct must be undertaken for the primary purpose of victimization of the particular, vulnerable victim.
Defense lawyers who tenaciously advocate for their clients, who are prepared with credible factual and legal arguments, and who will fight for that client regardless of any pressure or attempt at intimidation are uncommon. The criminal defense lawyers with LEWIS & DICKSTEIN, P.L.L.C. are familiar with all aspects of criminal law and provide clients with the highest possible level of service, results and dedication. Regardless of whether the issue is constitutional law, a factual dispute or a concern with sentencing guidelines, we will do whatever it takes to make sure the client gets the best possible result.
Call LEWIS & DICKSTEIN, P.L.L.C. Today
If you have a concern about a felony or misdemeanor charge and you are looking to hire a great criminal defense lawyer, call us at (248) 263-6800 or complete a Request for Assistance Form and a highly skilled and experienced criminal defense attorney will promptly contact you. We can help you with felony or misdemeanor charges and work to either achieve a dismissal or acquittal or the lowest possible sentence by persuasively arguing the variables in the Michigan Sentencing Guidelines.