Michigan Felonious Assault Lawyer - Will I Face Felony Firearm?

The Law Office of Brian J. Prain, PLLC is your Michigan Assault Lawyer, a Criminal Defense firm concentrating specifically on aggressively defending those accused of Assault crimes, including Michigan Felonious Assault charges. If you're reading this, why not just call and speak to Michigan Assault Attorney Brian J. Prain right now at (248) 731-4543 ? Are you or someone you know facing a Michigan Felonious Assault (Assault With a Dangerous Weapon) charge? If so, and if the weapon allegedly used is afirearm, you could face the possibility of having the extremely harsh charge of Felony Firearm added at some point in the case. The Michigan Felonious Assault law MCL 750.82 makes any Assault With a Dangerous Weapon a felony that can land you in Prison for up to 4 years (more if you have prior felonies). But there is another criminal charge that can be added to Felonious Assault at any time, including during trial. That crime is called Felony Firearm, and if you are convicted of Felony Firearm in Michigan, you get a MANDATORY 2 YEARS IN PRISON on top of whatever time you get under your Sentencing Guidelines for a Michigan Felonious Assault conviction.

RELATED: click here for a detailed description of the Michigan Felonious Assault Sentencing Process under the Sentencing Guidelines...

The Felony Firearm law MCL 750.227b states: "[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, section 227, 227a or 230, is guilty of a felony, and shall be imprisoned for 2 years. Upon a second conviction under this section, the person shall be imprisoned for 5 years. Upon a third or subsequent conviction under this subsection, the person shall be imprisoned for 10 years." That's it, if the Prosecution moves to amend your charges to add Felony Firearm to your Michigan Felonious Assault charge, and if you are convicted, you WILL go to State Prison for 2 years plus the Guideline range for the Felonious Assault charge. AND HERE'S THE KICKER: the standard Michigan Model Criminal Jury Instruction for Felony Firearm, 11.34 , says you don't even need to be convicted of the Michigan Felonious Assault charge to be convicted of Felony Firearm and end up doing 2 years. This is completely illogical. Plus, a Jury will never know about the harsh 2 year sentence. They may think they're doing you a favor by finding you NOT GUILTY of the Michigan Felonious Assault charge and finding you guilty of Felony Firearm, when in-fact they're sending you straight to Prison. The right Michigan Assault Lawyer can AVOID THIS.

Are you at risk of having a charge of Felony Firearm addd to your Michigan Felonious Assault charge? Call a top-ranked, expert Michigan Assault Lawyer right now at (248) 731-4543. It's free, yet priceless.