Greg Basolo to serve 25 years. Plea of guilty but mentally ill allowed under Michigan Law when three factors are met. Criminal Defense Lawyer 1-866-766-5245

Ingham County: “Guilty but Mentally Ill”

Greg Basolo facing 25 years in prison

An Ingham County, Michigan man pled guilty but mentally ill for the killing of his father last year. Greg Basolo shot his father, a former police captain, on October 25, 2013.  At the time of the shooting, Basolo was living with his father on Fox Hollow Drive in East Meadows Condominiums.  Basolo says he was angry after discovering his father was re-establishing connections with family members who had sexually assaulted Basolo in the past. After making an agreement with prosecutors, Basolo will spend 25 years in prison but will have access to mental health treatment. Sentencing is scheduled for June 25, 2014.

Guilty but mentally ill is not as common a plea as the media would lead you to believe, but it is allowable under Michigan law.  MCL § 768.36(1) says that a defendant may be found guilty but mentally ill if all of the following factors are met:

1) The defendant is guilty beyond a reasonable doubt of an offense;

2) The defendant has proven that he or she was mentally ill at the time they committed the crime;

3) The defendant has failed to establish a lack of criminal responsibility.

The test for criminal responsibility is whether, at the time of the crime, the defendant was able to appreciate the wrongfulness of the conduct or whether he/she was able to conform their  behavior to the requirements of the law.

Ultimately, whether a case goes to trial or whether a defendant cooperates with a plea bargain is up to the defendant.  If it seems like the odds are stacked against you, there is still hope.  A good defense attorney will work with you and stand up for you in the plea negotiation process.

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