Michigan criminal court – (248) 588-3333 – What You Need To Know
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Basic Concepts of Michigan Criminal law
What makes a crime a felony or a misdemeanor?
A misdemeanor is any crime whose maximum penalty is less than a year in prison, or punished solely by a fine.
A Felony is a crime Punishable by death or more than a year in prison. However, Michigan abolished the death penalty for all crimes except treason in 1847. Death penalty for treason was abolished in 1962. Therefore, felonies for state crimes in Michigan are determined solely by possible prison sentence. Michigan citizens can still be put to death by the federal government for federal crimes committed in Michigan.
Felonies in Michigan are divided into 8 “classes” designated by a letter of the alphabet. Each class is defined by the maximum sentence for that offense. The classes are as follows:
- Class A: punishable by a life sentence or any sentence greater than 20 years. Includes first and second degree murder, assault with a deadly weapon, and first-degree criminal sexual conduct.
- Class B: Up to 20 years. Includes second degree arson and the production of child pornography.
- Class C: Up to 15 years in prison. Includes manslaughter and robbery.
- Class D: Up to 10 years in prison. Includes embezzlement or larceny (of more than $20,000).
- Class E: Up to 5 years in prison. Includes shoplifting and third degree home invasion.
- Class F: Up to 4 years in prison. Includes possession of less than 5 grams of marijuana.
- Class G: Up to 2 years in prison. Includes: Includes a repeat offense of domestic assault and writing bad checks worth more than $500.
- Class H: Punishable by less than 2 years in prison or by alternative penalties such as probation or electronic monitoring. Includes false representation or using stolen ID to commit another felony.
What does the prosecutor need to prove in order to convict me?
In order to obtain a valid guilty verdict, the prosecution must prove beyond a reasonable doubt that you performed the specific physical act (actus reus) while having the specific mental state (mens rea) described in the statute you are being charged under.
The physical act must be voluntary (getting pushed or being unconscious doesn’t count) and can also include spoken words. It can also include the failure to act when you have a legal duty to take certain actions. Examples of such duties include:
- Statutes: requiring you to file tax returns, report accidents, etc.
- Any contract requiring you to take certain actions (such as those for nurses and lifeguards)
- A special relationship such as a parent and a child which creates an elevated duty of care
- A Good Samaritan law which creates a duty to continue to help once you start to assist someone in trouble.
- You can also be charged with failing to help someone if you were the one who put them in danger.
In order for a duty to act to be legally effective, you must be aware of the duty and be reasonably capable of performing the acts required by that duty.
What kinds of mental states are involved in crimes?
Most criminal statutes use one of several mental states that are widely used in criminal law. These crimes are known as “general intent” crimes. The mental states involved in such statutes are as follows:
- Purposely: you must have specifically intended to perform the act or create the result described in the statute.
- Knowingly: You must have acted knowing that the unlawful harm or result was certain or very likely to occur.
- Recklessly: You must have deliberately disregarded a substantial and unjustified risk that the unlawful harm/result would occur. Furthermore, this disregard must be a severe departure from the standard of careful behavior expected from a reasonable person.
- Negligence: You must have failed to be aware of a significant and unjustified risk that the unlawful harm/result would occur. This failure of awareness must be a significant departure from the level of care and prudence expected from a reasonable person. The violation of some statutes such as speed limit laws can be used as evidence of negligence.
Some criminal statutes use more unique states of mind as requirements for conviction. Certain legal defenses (like voluntary intoxication) are only available for specific intent crimes. Examples of “specific intent” crimes are as follows:
- Solicitation: must have intended to have the solicitee commit the crime
- Attempt crimes: must have intended to complete the crime
- Conspiracy: must have intended to complete the crime
- First degree murder (depending on the statute): must have had a premeditated intent to kill
- Assault: must have intended to commit a battery
- Larceny/robbery: must have intended to permanently deprived the rightful owner of their property
- Burglary: must have entered the dwelling with the intent to commit a felony
- Forgery: must have intended to defraud your victim
- False pretenses: intent to defraud
- Embezzlement: intent to defraud.
Some crimes, like arson and certain forms of murder are called “malice crimes” because they require the mental state of malice. Malice is a reckless disregard for the extreme or obvious risk of a harmful event occurring.
The final category of mental state is strict liability. These are crimes such as selling liquor to minors or statutory rape. This category of crime does not require you to have awareness of all of the relevant facts (such as a certain person being younger than 18 or 21). So long as you knowingly and voluntarily performed the underlying act (selling alcohol or having sexual relations) you can be convicted of a strict liability crime.
Can the state of Michigan charge me with crimes I committed in another state?
Very rarely, but there are situations where out of state conduct can expose you to criminal liability in Michigan. It all depends on that states “jurisdiction”, and what kind of crime is being charged. For most criminal statutes, the crime itself must have been committed within the borders of the State of Michigan. However, under the following circumstances, you might be charged for things you did in another state.
- Part of the crime was committed in Michigan.
- In addition to an act performed in Michigan, any out of state act which qualifies as an attempt or a conspiracy to commit a crime in Michigan (see relevant chapter). If you and your cohorts specifically agree to rob a bank in Michigan, then Michigan can charge you with conspiracy to commit robbery.
- In state actions that qualify as attempt, solicitation, or conspiracy to commit a crime in another state.
- An out of state act which breaches a legal duty you owe to the state of Michigan.
What if I am guilty of a crime?
The first thing that you need to understand is that this is entirely the wrong question to ask. It may indeed be true that you committed acts which are reasonably described by whatever criminal statute the prosecutor charges you under. It may be true that you acted believing that your actions violated the law. Nevertheless, guilt is something decided in court beyond a reasonable doubt. If the prosecutor can’t prove it beyond a reasonable doubt in a criminal proceeding that affords due process, than it makes no difference. A guilty plea or a plea bargain should only be accepted if you genuinely believe that this will result in the best outcome for you.
Even in the event where guilt is all but self-evident, that does not mean that the prosecutor is going to give you a fair and just sentence. Even if acquittal just isn’t in the cards, a good defense attorney is still going to present you and your actions in the best possible light. They are going to present the jury with your positive and admiral virtues, as well as all of the aspects and nuances of the actions and events that brought you into criminal court in the first place. In doing so, you will typically end up with a sentence (often probation in lieu of imprisonment) that is much more fair and just.
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