Michigan Felony Firearm Attorneys – Michigan Gun Lawyers
When you’re accused of a felony, you’re probably wondering how things could possibly get any worse. Well, being charged with the crime commonly known as “Felony Firearm” almost always makes things worse. And that was in the intention of lawmakers in Lansing.
The legislature decided that in order to deter people from using guns to commit felonies, they would create an additional mandatory minimum prison sentence if a firearm is possessed at the time of the crime. However, The Kronzek Firm’s felony firearm attorneys can help make things better.
What is possession of a firearm during the commission of a felony?
Felony firearm is a crime that means a person is accused of carrying a firearm when committing or attempting to commit a felony. This offense is also a felony and potentially would result in an additional separate conviction.
Penalties for Felony Firearm
There are very harsh penalties for having a gun while committing other serious crimes. Conviction for a first offense requires a mandatory 2 year minimum prison sentence. For a second conviction, there is a mandatory 5 year minimum prison sentence. A third conviction has a mandatory minimum prison sentence of 10 years. This means that judges are not permitted to sentence less than the set minimum sentences here.
In addition, this conviction is to be served consecutively to any other prison sentence. For example, with a first offense, the two year mandatory sentence would be added on after serving time for the underlying crime. This penalty cannot be suspended. Furthermore, the defendant is not eligible for probation or parole during the mandatory prison term either.
In summary then, a person convicted of this offense, will go to prison for two years on a first offense, will not get any credit for good behavior, and will serve every day of this sentence before he begins serving time on the other charges. There is no parole or early release available on this offense.
In a Federal case, the minimum penalty is five years in prison instead of two. It is possible for a jury to convict a defendant for the felony firearm charge and acquit him on the underlying felony.
How Sentencing Guidelines Apply
Well, the short answer is, “they don’t”. Here is what you need to know: On most felonies in Michigan, a defendant should care more about the sentencing guidelines than the statutory maximum penalty. There are many felonies, including some very serious crimes with long prison sentences possible, where the guidelines would call for a probationary sentence. In most instances, judges stay within the guidelines.
In a felony firearm case, we don’t calculate the guidelines because two years really does mean two years. The judge does not really have a say in the sentence. This causes a lot of confusion when the other felonies have longer statutory maximum sentences.
Consider the case of a felonious assault, which carries a penalty of four years. A two year, Felony Firearm charge is actually far more serious. Why, because the sentencing guidelines for most defendants would call for a probationary or county jail sentence on the four year offense, while the Felony Firearm would bring a mandatory two years in prison.
Defending State and Federal Firearm Charges
We understand that prosecutors love to tack on felony firearm charges whenever possible. This even occurs in cases where the gun is not even involved in the charged offense. A good example would be a prosecutor adding on a felony firearm charge to a drug crime. However, our experienced trial team knows how to fight these charges and we are often able to get great results , including charges ultimately being dropped.
If you are facing Felony Firearm charges, you will need the help of a very experienced trial attorney who knows how to defend the charge. With The Kronzek Firm, your defense starts with you first phone call. We have expert criminal defense attorneys available 24 hours a day to discuss your case with you. Call us at 866 766 5245 today.