Legal Question in Criminal Law in Michigan

i know someone who has broke into a house and stole a 22 handgun in michigan, the person is seventeen and has no prior criminal charges, how much trouble could he get in and could a pretrial intervention be used here?


Asked on 12/14/10, 6:45 pm

2 Answers from Attorneys

A prefile intervention might well assist in this case. Our defense team has been doing these for many years with great sucess all over Michigan. You can reach us during the day at 1 866-766-5245. You can read more at:

www.AggressiveCriminalDefense.com

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Answered on 12/19/10, 7:15 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Home Invasion 1st Degree is a 20 year and/or $5,000 fine felony. It is a Class B felony that takes very few prior record or offense points in the sentencing guidelines to put the defendant in a "prison sentence" range. It is very serious. Add to that the fact that additional weapon-related charges could be authorized (Larceny of a Firearm, Felony Firearm, etc.), and you're talking about very very serious charges and consequences. I can't vouch for what a particular judge might do in this case, but very few prosecutors, in my personal opinion, would agree to a diversion/"pretrial intervention" resolution when homes are being broken into and guns are being stolen ... especially if the gun cannot be returned to the victim (meaning that it is out on the streets, possibly being used in other crimes). The very first thing the defendant needs to do to start the process to repair the damage he's done is to the find that gun and get it to his attorney, to police, to the victim, etc.

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Answered on 12/21/10, 6:16 am


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