In Michigan, felonies are distributed into eight classes and carry severe penalties. The classes range from Class A to Class H, with Class A being the most severe.
A Class A felony is generally charged for first- and second-degree murder, assault with a deadly weapon, kidnapping, and criminal sexual conduct in the first degree. Class A felonies may result in life in prison because Michigan does not have the death penalty.
A Class B felony is generally charged for crimes such as arson and child abuse. Class B felonies may result in up to 20 years in prison.
A Class C felony is charged with crimes such as manslaughter, robbery, and harming someone while human trafficking. Class C felonies may result in up to 15 years in prison.
A Class D felony is usually charged when someone embezzles or steals more than $20,000 worth of property or money and for human trafficking. A Class D felony conviction may result in up to 10 years in prison.
A Class E felony will result if someone possesses a firearm with the intent to harm or intimidate another person. A Class F felony conviction is punishable by up to five years in prison.
A Class F felony will be charged if someone manufactures or is caught trafficking less than 5 kilos of marijuana. A Class F felony conviction is typically punishable by up to four years in prison.
A Class G felony is usually charged if someone commits check fraud or is guilty of domestic violence. A Class G felony conviction is punishable by up to two years in prison.
A Class H felony is the least severe felony that can be brought against someone and may result in the defendant being sentenced to jail time or even an alternative program that allows them to avoid jail time.
Statutes Of Limitations
The statute of limitations depends on the crime that was committed. The statute of limitations for each crime means that the prosecution must bring a case against the accused within a specific timeframe, or they will not be able to charge them. Generally, the statute of limitations will be either 6, 10, 15, or 25 years. However, extremely egregious crimes such as murder do not have a statute of limitations. For example, if someone kills another person, it does not matter how long it takes for the prosecution to determine who committed the crime. The guilty party can always be charged with the crime. If the crime does not have a specific statute of limitations, then it will automatically be set at six years.
Hiring A Criminal Defense Attorney
Regardless of if you are being charged with a misdemeanor or a felony, hire an attorney who can aggressively represent your best interests. To contact an experienced criminal defense attorney in Michigan, contact us at the Law Offices of Ravi R. Gurumurthy by filling out a form online for one of our attorneys to contact you, or call us at 231-577-1580.
Child Custody In Michigan
Child custody refers to a court order determining how a child will be cared for if the child’s parents are not together and do not share the same residence. Sometimes these issues are established outside of the court system and do not require a court order; however, in many situations, especially when there is a divorce, the court must get involved because parents cannot agree on what is best for their child.
Custody agreements and orders determine where the child’s primary residence will be, what visitation rights there are, and who has the legal authority to make decisions on behalf of the child. When deciding who will have physical custody and legal custody of the child, the court will review several factors, including but not limited to the following:
What is the history of the parents’ involvement with the child? How much time did each parent spend with the child before the custody issues arose?
Is there a record of child abuse, regardless of if it was against the child in question or another child?
Has either parent been arrested or received treatment for alcohol or drug abuse?
Is there a history of domestic violence by either parent against a significant other or a child?
Who does the child prefer to live with if they have the capacity to choose? The choice should be based on the parents’ suitability, not superficial factors like whether one parent spoils the child while the other is strict. For instance, a young child who would rather live either their dad because he lets him play video games, while his mom makes him go to bed on time and eat his vegetables, will not have as much of an impact as an older child with a valid reason for their choice.
What is the mental and physical health of each parent?
What is the current home status of the child? For example, if the child currently lives with their father, the court may decide that it is not in the child’s best interest to make them move.
What is the environment of each home? This is used to determine whether the home is safe for the child.
Best Interest Of The Child
The court’s first objective is to act in the child’s best interest, regardless of the child’s desires. To do this, the court will determine the following for the child:
The child’s emotional needs
The child’s health and safety
The parents’ co-parenting skills
The parents’ morality
The child’s emotional needs
It may not seem fair, but the family court has the right to look into all aspects of each parent’s life, and that includes work history, disciplinary ability, criminal history, and even each parent’s history of sexual partners. By reviewing the above aspects, the court is only attempting to do what is in the child’s best interest and place them with a parent who will provide them with the best life. The best life does not merely mean spoiling them and giving them what they want but will help them become a productive member of society by providing a safe and caring home.
Types Of Custody
There are two types of custody – physical custody and legal custody. However, there are a number of subsections within those categories. For example, the parents may have primary legal or physical custody or joint legal and physical custody. Additionally, those two do not need to correlate, meaning that even if one parent has primary custody of the child, it does not mean that they will automatically get primary legal custody of the child. Instead, the court may determine that each parent should be responsible for making legal decisions for the child.
Hiring A Family Law Attorney In Michigan
When dealing with a child custody battle, hiring an attorney who will aggressively fight for your right to be a part of your child’s life is essential. Failing to have adequate representation might result in an unfair balance of power, with the represented parent getting more time and say in their child’s life than the non-represented parent. To hire an experienced family law attorney, contact us today at the Law Offices of Ravi R. Gurumurthy by filling out our form online for one of our attorneys to reach out to you, or call us at 231-577-1580.