Michigan Felony Firearm Statute Likely to Be Amended To Allow For More Judicial Discretion in Sentencing
The Michigan legislature is in negotiations to amend the felony firearm statute. The law currently makes it a felony to possess a firearm when a person commits or attempts to commit another felony. The punishment is a mandatory 2 years in prison to be served first, and consecutively to the other felony. The modifications being discussed will permit the judge to sentence a first-time offender to not more than 3 years (making probation a possibility) and would remove the mandatory consecutive sentence.
The Criminal Defense Attorneys of Michigan (CDAM) support the modifications because the new law will give judges discretion to impose a proper sentence for the offender instead of a mandatory sentence. Also, the new law considers the circumstances in which the offender had the gun. For example, if the offender lived in a bad neighborhood and had the gun for personal protection. The amendment of the law would not mean that there will be no more prison sentences for offenders. If a person used a gun in a violent manner (such as pointing it at someone during a robbery), than prison can be imposed. The amendments give judges more discretion when imposing sentences. Penalties should be imposed to fit the offender.
Amending the Felony Firearm Statute is a Positive Action for Criminal Defendants
The action being contemplated by the Michigan legislature is positive for someone charged under the felony firearm law. The courts will have more discretion to fashion sentences that are more appropriate for each defendant. This is good news. The attorneys at LEWIS & DICKSTEIN, P.L.L.C. also support the modification. Our attorneys have frequently dealt with felony firearms offenses over the years and agree that judges should have discretion when passing sentences. No case is alike – so sentencing should not be either. If you are facing criminal charges, the law firm of LEWIS & DICKSTEIN, P.L.L.C. should be your first call. We are specialists in defending people against criminal charges. When your freedom is at stake, you should not take chances with just any lawyer. You need the elite “go to” firm of LEWIS & DICKSTEIN, P.L.L.C. Please call us at (248) 263-6800 or complete a Request for Admission Form and one of our attorneys will contact you. We look forward to hearing from you.