Legal Question in Criminal Law in Michigan

How much prison time?

Hello,

My son has been arrested for armed robbery. It happened in Big Rapids, MI, he is 22 years old, he has also on his record, forgery, no chk accout, and 2 fugitive counts. I really do not know what all of this means, can you tell me typically how much prison time does one get for this situation?


Asked on 5/24/07, 7:44 am

2 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: How much prison time?

Bottom line: We cannot answer your question with any real specificity.

Armed Robbery is a VERY serious charge. It carries up to Life in prison (although it is not a 'mandatory Life' crime). It is categorized as an "A" class felony (the highest class other than for murder). Jail or prison time is almost guaranteed, especially in light of your son having prior convictions.

Michigan's felony sentencing guidelines are used to give the judge a range of months for setting the minimum sentence. The factors cover "prior record" and "offense" variables.

The information you have given is helpful to someone calculating the guidelines ranges, but your information is incomplete. For example, many details of the robbery crime determine the "offense variables" scoring, and you gave us virtually no fact details. What kind of a weapon did he have/use? How was it used? How much money did he get? Did the victim have psychological injury from the event? How many victims? Etc.

And in regard to the "prior record" factors, were the convictions while your son was an adult or a juvenile? Which were felonies, which were misdemeanors? Was he on probation/parole/bond when the robbery occurred? Etc.

Looking at the guidelines scoring grid for "A" class felonies, the best scoring (with no points assess for any variables) still requires a prison term of no less than 21 months, but the known criminal history bumps that up to a 42 month minimum.

I recommend that your son get an experienced criminal defense attorney (hired or court-appointed) and go over the case facts and criminal history details, to caluculate what the sentencing guidelines range might be.

Only then can you factor in another variable: who is your sentencing judge, and what are some of his/her sentencing practicies? (For example, some judges commit defendants to state prison more often than others, etc. Some judges can be convicnced to sentence someone below the guidelines range for very good reasons, others are harder to do so.)

A final variable is to look at is this case's sentence in relation to what he received on other convictions. If he received prison time on a previous case, it's more likely that he'll be sent back on this one. OTOH, even if your son was never sent to prison before, but his criminal conduct has been escallating over the years, the judge might decide to "ratchet up" the sentence because past efforts to rehabilitate him have obviously failed.

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Answered on 5/24/07, 11:35 am
Regina Mullen Legal Data Services, PLC

Re: How much prison time?

There are too many factors to know other than the maximums,--but even there with his record, the judge may have the authority to come down hard and exceed the maximum.

Best bet: get him a good lawyer.

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Answered on 5/24/07, 1:57 pm


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