Can Previous Violent Crime Convictions Affect Sentencing in Michigan?

In Michigan, criminal sentencing is influenced by various factors unique to the case and defendant. One of the most prominent factors that can affect sentencing is the individual’s history of previous convictions, especially those that involve violent crimes. Having a history of prior violent offenses can increase the severity of your sentence. It is crucial that you fully understand your legal rights and options during your case. Work with an Upper Peninsula criminal defense lawyer for experienced representation during your case.

Can Previous Violent Crime Convictions Affect Sentencing in MI?

Yes, if you have a history of violent crime convictions, it can affect sentencing for your current case. Michigan uses a sentencing system that provides judges with guidelines regarding minimum and maximum sentences based heavily on two factors: the severity of the current offense and the defendant’s criminal history or PRV (prior record variables).

The severity and number of prior offenses and convictions can significantly impact a judge’s decision regarding appropriate penalties. A defendant’s criminal history is quantified to determine the effect it will have on the current case. This is known as the PRV score. The higher the PRV score, the harsher the recommended sentence will be for the current conviction. Violent felonies receive higher point values than non-violent felonies.

For example, an individual with a previous felony assault conviction will receive more PRV points than someone with a previous theft conviction. The more points, the larger the sentencing range, and the more likely a judge is to issue a longer prison term.

What Are Michigan’s Habitual Offender Laws?

Michigan state law allows enhanced prison sentences for individuals classified as habitual offenders. A habitual offender is a person with one or more prior felony convictions who commits a subsequent felony. Michigan Code Section 769.10 to 769.12 outlines the increased prison sentences for individuals with prior felony convictions.

In general, the following enhancements are permitted.

• Second offense: If the offender has one prior felony conviction, their sentence can be increased up to 1.5 times the maximum term of their current offense
• Third offense: If the offender has two prior felony convictions, their sentence can be increased up to twice the maximum term of their current offense
• Fourth offense: If the offender has three prior felony convictions, their sentence may be increased to 15 years, 25 years, or life in prison, depending on the current offense

The presiding judge generally has the discretion to apply or waive these enhancements depending on what they see fit. However, defendants with one or more violent felony convictions will likely receive a longer sentence, as their record has proven that rehabilitative efforts are unsuccessful.

If you are being charged with a violent crime in Michigan, it is crucial that you secure skilled representation. Reach out to an experienced attorney at Berger Law today.