Michigan’s Super Habitual Law

Habitual Offender Statute With 25-Year Mandatory Minimum

Someone with a pending “serious” felony and three prior felony convictions, with at least one being a “listed offense,” faces a mandatory minimum of 25 years in prison.

What You Need to Know About Michigan’s Super Habitual Law

In Michigan, individuals charged with a “serious crime” who also have three or more prior felony convictions, including at least one “listed felony,” could face a severe mandatory minimum sentence of 25 years, as per Michigan’s Super Habitual law (MCL) 769.12. This stringent sentencing law is known as the “super habitual offender” law. After the defendant’s arraignment in circuit court, the prosecutor must file a timely notice of habitual sentencing enhancement to subject a defendant to the mandatory minimum sentence. The minimum compulsory provision of the habitual sentencing law doesn’t apply to offenses committed before October 2012.

What is a “serious crime” under the Super Habitual Law?

What exactly qualifies as a “serious crime”? As the Super Habitual law outlines, a range of offenses falls under this umbrella. Notable examples include second-degree murder, various forms of assault (including assault with intent to commit murder and assault with intent to do great bodily harm), kidnapping, mayhem, and several degrees of criminal sexual conduct. Here are other examples:

 
 
 
 
 
 
 
  
 
 
 
  
 
 
 William Pearl 
 
2024-04-18
 
 
  
I cannot speak highly enough of the exceptional legal representation provided by Loren Dickstein. Mr. Dickstein recently assisted my grandmother with her DUI case, and his expertise, professionalism, and compassion were truly unmatched.

From our initial conversation, Mr. Dickstein demonstrated a deep understanding of DUI law and a commitment to achieving the best possible outcome for my grandmother. His attention to detail and strategic approach were evident throughout the process, instilling confidence in us during a challenging time.

Not only did Mr. Dickstein provide expert legal guidance, but he also showed genuine empathy towards my grandmother, easing much of the stress and anxiety associated with the situation. His transparent communication and willingness to address our concerns promptly were greatly appreciated.

Thanks to Mr. Dickstein's outstanding representation, my grandmother's case was resolved with a result that exceeded our expectations. I am immensely grateful for his dedication, professionalism, and integrity, and I would not hesitate to recommend his services to anyone in need of legal assistance.

If you're looking for an attorney who will go above and beyond to achieve the best possible outcome for your case, look no further than Loren Dickstein. Thank you, Mr. Dickstein, for your exceptional service.
  
 
  
 
 
 
  
 
 
 Mike Trevino 
 
2024-03-26
 
 
  
Loren was quick and professional in assiting me. He got an un-prosecuted arrest off of my criminal record in only a few weeks.
  
 
  
 
 
 
  
 
 
 A S 
 
2024-02-02
 
 
  
Loren made me feel extremely comfortable in a situation that has been one of the most serious of my life. The comfort didn't come from coddling, or selling false hope, and it definitely didn't come from empty promises. He is very proactive, very dependable and really upfront.

The initial contact was when I called the 24hr office line, after business hours. I received a call, the following morning from Loren. I expected it to be a representative and was working. I was already nervous about my situation, but the fact that he "checked in", was a huge deal. He asked preliminary info like my court date and offense(s). My court date was way down the line, and I had 2 months to figure out representation and finance stuff.

We followed up again, when he called a couple weeks later, but he let me know that I could contact him when my funds were ok. He let me know, that even though I was calling a month ahead of time, that if I didn't get the retainer funds until the week before, that the team was experienced and prepared.

(*Fast forward tidbit**, I Called 6 firms in 10/2023.. *Mr. Dickstein and I have already been to court 3 times and received my sentence, and 2 of the 5 originally contacted lawyers, haven't even responded.)

I gathered the funds and called back. He offered the interview flexibility between in-person and on the phone. For everything I've been through about this case, I opted to meet. The meeting was not very long, but factual and informational. When I would mumble nervously or jabber (a slight goofy thing about me..), he pointedly and calmly redirected to the facts and realities. I knew he was listening, but I was just at a shameful point in my life. It's a big deal, when you're reassured with FACTS and potential outcomes.

I couldn't have hired better representation. Mr. Dickstein's appearance is professional and his eloquence is everything. He has a seriousness and class about him, which communicates comfortably in court. The judge will give you your 15 seconds, but might give your defense team, 3 minutes. When I say, that Loren made the MOST out of those 3 minutes?!.. Wow!.

(We had three appearances, and he was early for every one. We always sat in the front row, which is best. Anyone in this situation, shouldn't be bumbling from the back, or stepping over people, while preparing to go before judgement.)

He started with FACTS, mixed with some meaningful biography. He said everything positive and helpful about me, within the opening. Because my offense was so aggregious, the judge interrupted him. But then, my whole lawyer, didn't fumble and continued with other recommendations (a little more for me, but not at all what I could have been facing). He made sure to have a response to meet the judges discomfort/dismay.

I never realized how fast, counsel has to speak to respond and present to the judge. As a side note, I've seen cases where lawyers fumble and stutter and shuffle pages, but I have never been more amazed than when I noticed that being ON POINT, was another one of his strengths.

The fact that he remains organized and has already absorbed his clients backstory, while having the knowledge to speak quickly and CLEARLY to a judge, means everything.

*Again, the lawyers communication means EVERYTHING. Judges hear tons of cases, and recognize excuses immediately. Loren made sure that I presented the best summary for my case. He summarized my main points, and balanced with what the judge wanted and needed to hear.

My case was difficult for my family and livelihood. Loren secured the most favorable outcome we could have hoped for. I would recommend him to anyone trying to save their job, or life, or livelihood.
  
 
  
 
 
 
  
 
 
 rlalko l 
 
2024-01-26
 
 
  
Robert J. Andretz, was my attorney in the Livingston County Courts. I hired him after I was not pleased with results of another lawyer. Mr. Andretz was able inform me of what to expect and guide me through the process. He welcomed me texting him with any questions or concerns I had, and was quick to respond, unless he was in court. My situation was all new for me and I was nervous. I am glad that I went with another attorney, Robert J. Andretz.--This was a self-defense case, and he would go back and forth with the courts to work on the best option.
  
 
  
 
 
 
  
 
 
 india 
 
2024-01-25
 
 
  
I highly recommend hiring Mr. Loren Dickstein and his team. From the very beginning of my case I was nervous that I would be sent to jail because of the facts of my owi case and with a BAC on the higher side. Loren and his team worked endlessly and together on my case, were very compassionate, and cared about what happened to me and my future. He was always available if I had any questions, and able to give me the most favorable outcome that could come out of this with a very tough judge in the 48th district court. My original charge was reduced, no jail time, and I was given probation. During my sentencing, Mr.Randy Lewis stepped in to help and advised and assured me that he would not let me down and he did just that! I am very grateful to everyone involved and could not have picked better representation!
  
 
  
 
 
 
  
 
 
 santosha harris 
 
2023-11-30
 
 
  
Attorney Dickstein was awesome. He listened and he followed through with everything that he explained to me. If I ever need help in the future I will definitely use his services again.
  
 
  
 
 
 
  
 
 
 Robert Schuetz 
 
2023-11-02
 
 
  
My experience was extremely positive. My lawyer RobertAndretz do an incredible job , worked very hard for me and am sure more than I realize behind the scenes .he made it very easy to understand all that was going on with my case by explaining every detail . My case results were exactly what I had hoped for.
I am very thankful he was my lawyer .
  
 
  
 
 
 
  
 
 
 Jessica Woodring 
 
2023-10-12
 
 
  
Parisa is extremely knowledgeable, professional and I was always well informed.  I will forever recommend Parisa to anyone and everyone.
  
 
  
 
 
 
  
 
 
 Bethany Racer 
 
2023-09-20
 
 
  
I hired George to represent me as a victim's advocate in a domestic violence case. I was the 'alleged victim' in a situation that was grossly misrepresented from the start. He quickly identified issues that could cause self-incrimination if I were to testify. He did NOT let the prosecution bully me into testifying without the protection of immunity. Immunity was granted because of his expertise and knowledge of the law. I was given the opportunity to testify without fear, set things right, and exonerate someone who was falsely accused of domestic violence. George was direct, honest, and didn't sugarcoat anything. He was always prompt in his communication and made sure I understood my rights and my options. In short, he gave me and my family our lives back. He even held my purse when I thought I couldn't bring it with me to the stand (turns out I could. Sorry George!) If you're looking for fair, aggressive representation and someone who truly makes you feel understood, look no further. He's absolutely not afraid to win
  
 
  
 
 
 
 
   
 
 

What is a “listed crime” under the Super Habitual Law?

A “listed offense” in this sentencing law encompasses similar crimes. Remember, at least one of the defendant’s prior felony convictions must be a “listed offense,” or the Super Habitual law doesn’t apply to them. It includes second-degree murder, manslaughter, certain types of assault, armed robbery, carjacking, kidnapping of a minor, and a comprehensive list of other serious felonies. Also included are any attempts or conspiracies to commit these crimes. Here is a list of other “listed offenses”:

The Imperative of Legal Representation

Securing a knowledgeable, reputable, and experienced criminal defense attorney is critical given the gravity of a “serious crime” accusation and a potential super habitual offender designation. The Defense Team at LEWIS & DICKSTEIN, P.L.L.C. has decades of experience and an unparalleled track record of achieving extraordinary results. If we are on your team, there is little we cannot accomplish for you. It’s important to note that the potential for a lower advisory sentence does not negate the mandatory nature of the super habitual sentence, which overrides advisory guideline ranges. So, even if the sentencing guidelines are relatively low, you still need a top defense lawyer to find a way to overcome the 25-year mandatory minimum under the Super Habitual law.

Defense Strategies For Fighting Against the Super Habitual Law

The defense can utilize several strategies when fighting against a mandatory minimum under the Super Habitual law. As you might imagine, those with multiple felony convictions get little favor or empathy from judges and prosecutors. For this reason, it is vital that the defendant work with a respected and influential defense attorney to secure the best odds of a favorable outcome.

• Negotiating a plea to a lesser charge that doesn’t qualify as a “serious crime” avoids the 25-year mandatory minimum under the Super Habitual law.

• It might be possible to secure a plea bargain with the prosecution to forgo the pursuit of super habitual sentencing. A prosecutor can eliminate the Super Habitual enhancement by dismissing it at the time of the plea. It is essential to have an attorney who will fight to get the prosecutor to avoid the 25-year penalty; the attorney must be bold, creative, and fearless in advocating for an acceptable plea to avoid this penalty.

• There must be at least three prior felony convictions that did not arise from the same incident to trigger the Super Habitual law enhancement. This stipulation is crucial when considering the sequence and relationship of prior offenses. If one or two prior felony convictions were arguably part of the same incident, the defense can file a motion to dismiss the Super Habitual enhancement.

The Bottom Line – Call LEWIS & DICKSTEIN, P.L.L.C. Right Away

Facing criminal charges in Michigan, particularly under the specter of super habitual offender sentencing, underscores the necessity of experienced legal representation. If you’re in such a situation, it’s advisable to request a free consultation with LEWIS & DICKSTEIN, P.L.L.C. right away to ensure your rights are protected and to navigate the complexities of your case effectively. If you call, we will take the time to speak with you, answer your questions, and work with you to develop a winning defense strategy!

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.

We will find a way to help you.
We Are Not Afraid to Win!

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