When a violent crime involves a firearm, the punishments are significantly higher. Michigan has some of the strictest gun laws in the country. Prosecutors aggressively pursue charges against people accused of carrying or using a firearm while committing a felony. Even if the weapon is never fired, simply possessing a gun during a violent crime can lead to serious legal consequences—including mandatory prison time.
Under Michigan law, a felony firearm charge is separate from the underlying offense. It carries a mandatory minimum sentence, which means a conviction will result in automatic prison time with no chance of parole or early release. If you’ve been accused of carrying a firearm during a violent crime, an aggressive criminal defense attorney is a must.
What Is a Crime of Violence Under Michigan Law?
A “crime of violence” under Michigan law includes:
- Assault and battery
- Child abuse
- Domestic violence
- Human trafficking
- Kidnapping
- Manslaughter
- Murder
- Robbery
- Stalking
Michigan law has harsher penalties for these crimes when a firearm is involved.
Felony Firearm Charges
When a gun is involved in committing a felony, a defendant will face additional penalties on top of any punishment for the underlying crime. MCL 750.227b, the felony firearm statute, states that it is illegal to carry or possess a firearm when committing (or attempting to commit) a felony.
It’s important to note that a felony firearm charge is a separate charge. If you’re charged with robbery in addition to a felony firearm charge, you’ll face penalties for both robbery and the felony firearm charge.
You don’t need to physically hold a firearm to be charged under this statute. If the weapon is within your control, you can be charged. Furthermore, the prosecution doesn’t need to prove their intent to use the firearm. Possession during the felony is the only thing they must prove.
Penalties for Felony Firearm Charges in Michigan
Michigan has mandatory prison sentences for felony firearm convictions. The penalties cannot be reduced through parole or early release, and they have to be served before any penalties for the underlying felony. If you’re caught with a firearm while committing a felony, you’ll receive the following mandatory prison time:
- First offense: Two years in prison.
- Second offense: Five years in prison.
- Third or subsequent offense: Ten years in prison.
For example, if someone is convicted of armed robbery (a felony) and felony firearm, they would serve at least two years in prison for the firearm charge before beginning their sentence for the robbery itself.
Finally, under Michigan’s habitual offender law, you could face sentencing enhancements if you’ve previously been convicted of certain felonies.
Talk to a Michigan Criminal Defense Attorney Today
Because felony firearm convictions result in automatic prison time, it’s important to have strong legal representation. At The Law Office of Jodi L. Hemingway, PLLC, we will fight to uphold your rights and work toward the most favorable outcome possible. Call us at (810) 237-1200 or fill out our contact form for a consultation.
