Felony Firearm as a crime is one of the crimes that give the judge no discretion in sentencing. They are required to follow all of the requirements set by the law in terms of sentencing and they are not allowed to change anything.
The law is clear here. According to Section 750.227b, “A person who carries or has in his or her possession a firearm when he or she commits or attempts to commit a felony, except a violation of section 223, 227, 227a, or 230, is guilty of a felony and shall be punished by imprisonment for 2 years.”
From the provision above, it can be seen that for the first conviction, the sentence carries a mandatory two years sentence in prison. The second conviction carries the mandatory five years in prison and the third one carries the mandatory 10 years in prison.
Felony Firearm is one of a handful of crimes that gives the judge in your case no discretion in sentencing you. While most crimes have a sentencing range the judge can adhere to (sentencing you anywhere from a term of probation up to five [5] years), a FF conviction has a mandatory prison sentence depending on the offense below:
- A first conviction for FF carries a mandatory two years in prison.
- A second conviction carries a mandatory five years.
- A third or subsequent FF conviction carries a mandatory 10 years.
Is there a difference in serving felony convictions of felony firearms compared to others?
Yes, there is a difference in serving felony convictions of felony firearms compared to a felony conviction of other crimes. If you are found guilty of two crimes, the penalties can be served concurrently. Hence, if you are charged with two crimes, you will be serving the sentences and the years will be computed together.
For example, for Crime A, your penalty is ten years while crime B’s penalty is 15 years. You will be serving 15 years in prison and not twenty-five, which is the addition of the two sentences.
For the crime of felony firearm, you will be facing consecutive sentencing. There is consecutive sentencing when one person, who is convicted of the first offense of Felony Firearm and is also convicted of another, will have to serve both, one after the other.
Hence, if you have been charged with one felony firearm conviction after the other, you have to serve the mandatory two years in prison. After serving the mandatory two years, you will then be serving the mandatory five years for the second sentence. This brings your total to 7 years in prison if you do not extend any further.
Does this mean that I cannot carry a firearm at all times?
No, the State of Michigan respects gun licenses. If you can show a gun license, you can carry a firearm. It becomes different when you carry a gun and you commit a crime. Then, even when you have the license to carry, you cannot be exempted from the prosecution of the crime.
When should I get a lawyer?
If you have a gun, even if you have a license for it, it is best to get a lawyer on retainer or for a consultation to make sure that you are always on top of things when it comes to gun possession.
Where can I get a firearms license in Michigan?
Depending on where you are in Michigan, you can always obtain a gun license if you comply with all of the requirements set by law.
If you have a pistol, you are required to get a license to be able to handle it. The method for licensing your pistol may be different depending on the circumstance. It is dependent on where you get your license from and how you obtain them. This may be discussed in another article relating to your pistol license in Michigan.
What if I just moved to Michigan from another state?
If you have just moved to Michigan from another state, you need to have a new license for your firearms. Keep in mind that the best thing that you can do once you arrive in Michigan is to contact us so we can help you with the process of getting the license and also inform you of some of the laws in Michigan relating to gun control and gun possession.
The phone lines on Haque Legal are always open for you and to answer your questions.
Contact Your Lawyer Today
If you have been charged with gun possession crimes in Michigan, you should contact us today. A lawyer can help you get started fighting for your rights. A lawyer at Haque Legal will see to it that your needs are met from beginning to the end of the proceedings. You are always in good hands with Haque Legal and what it has to offer.
Disclaimer:
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
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If you are in trouble for a gun possession crime, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.
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