Supported by lawmakers on both sides of the aisle, new laws were recently passed by the Michigan legislature increasing the maximum penalties for drive by shooters and individuals convicted of firing into a potentially occupied building.
UPDATE TO MAXIMUM SENTENCING FOR DRIVE-BYS
Previously an individual who intentionally shot a firearm from a vehicle was subject to receive up to 4 years in prison and/or a $2,000 fine for endangering the safety of another person. Under updated legislation maximum sentencing was increased to up to 10 years in prison whether or not anyone was injured, up to 15 years in prison and/or a $15,000 fine in the event of injury, and up to 20 years in prison and a $25,000 fine should actions result in the serious impairment of the body functions of another individual.
SHOOTING INTO OCCUPIED BUILDINGS AND DECREASED PROSECUTORIAL OBLIGATION
This bill also clarifies that shooting into a potentially occupied building is a crime, without requiring prosecutors to prove that the building was occupied at the time of shooting, and whether or not injury resulted. Previously, it was more difficult for prosecutors to prove intent when a perpetrator fired into a structure rather than at an individual, but under new laws a prosecutor must only prove that a perpetrator had intent to fire.
MICHIGAN CRIMINAL DEFENSE ATTORNEYS
The stiffening of penalties for these shooting related crimes raises the stakes for those charged with assaultive offenses and makes the prosecutor’s job easier. If you, or someone you know, is facing criminal charges and a possible loss of freedom, it is important to have expert legal counsel by your side. The attorneys at LEWIS & DICKSTEIN, P.L.L.C.
have decades of experience in criminal defense and they are prepared to work within updated legislation in order to zealously represent their clients. If you need help, please contact us at (248) 263-6800
or complete a Request for Assistance Form
and one of our attorneys will contact you.
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LEWIS & DICKSTEIN, P.L.L.C.