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When facing a criminal charge, you need a strong advocate who knows the territory. James Scozzari combines his winning record as a defense attorney with a team-based approach to every case. When you retain us to defend you, you have the combined experience and expertise of all our attorneys at your disposal. Whether the charge is a misdemeanor or felony, whether in State court or Federal court, our law firm can fight for you.
Illegal Drug Possession
Like most states, Michigan divides illicit controlled substances (CDS) into five schedules, where Schedule 1 contains the most dangerous drugs and Schedule 5 is relatively less dangerous and has an accepted medical use. Some common examples of controlled substances in each schedule include:
- Schedule 1: heroin, LSD, ecstasy
- Schedule 2: morphine, codeine, cocaine, fentanyl
- Schedule 3: benzphetamine, ketamine
- Schedule 4: lorazepam, diazepam
- Schedule 5: codeine mixed with non-narcotics (e.g., cough syrups or cold medicines)
A person can be convicted of theft, or larceny, if they steal property that belongs to another, such as money, goods, receipts, real estate deeds, or public records. Theft crimes can be charged as either misdemeanors or felonies, depending on the value of the property allegedly stolen.
When the property is valued at less than $200, the larceny offense (also called “petty larceny” or “petty theft”) is considered a misdemeanor under Michigan law punishable by imprisonment for no more than 93 days and/or a fine of up to $500 or three times the value of the property stolen, whichever is greater.
If the property stolen is valued at $200-$1,000, the theft offense is a more severe misdemeanor, punishable by up to 1 year imprisonment and/or $2,000 in fines or three times the value of the property stolen, whichever is greater.
Theft crimes rise to the felony level when the value of goods is above $1,000. If the property allegedly stolen is worth $1,000-$20,000, or if the property is a motor vehicle, trailer, or motor vehicle part, the theft is a felony punishable by up to 5 years’ imprisonment and/or a fine of not more than $10,000 or three times the value of the property stolen, whichever is greater. If the property stolen is worth $20,000 or more, the offense is a felony punishable by imprisonment for up to 10 years and/or a fine of not more than $15,000 or three times the value of the property stolen, whichever is greater.
To learn more about how theft charges are handled in Michigan, take a look at our page on Theft Crimes.
In Michigan, open and concealed carry are both legal in certain circumstances. A person 18 years or older who has their gun registered in their name may carry openly without a permit, and individuals 21 years or older may obtain a Concealed Pistol License (CPL) for concealed carry within the state. (Note that there are some areas that are off-limits to concealed carry, such as schools and hospitals).
If a person carries concealed without a CPL, they could be charged with a felony that carries 5 years in prison and fines of up to $2,500. Such a conviction could significantly impact a person’s life, as they could lose their right to carry or own firearms and will incur restricted voting rights, among other barriers to future opportunities like employment.
Keep in mind that certain criminal convictions can also lead to the revocation of firearms rights. Any individual convicted of a felony involving the unlawful possession or distribution of a firearm or the unlawful use of an explosive could face enhanced penalties, such as a mandatory 2-year prison term in addition to their underlying sentencing.
If an individual was convicted of any other kind of felony or crime punishable by 4 years or more in prison, they cannot possess, use, transport, sell, or purchase a firearm or ammunition in Michigan until 3 years after they have paid all their criminal fines, served their prison term, and successfully completed all their parole or probation requirements. A violation of any of these regulations is a felony punishable by up to 5 years in prison and fines up to $5,000.
DUI Firearm Possession Rights
Driving under the influence (DUI) could also impact an individual’s firearm possession rights. If a person has one prior DUI conviction, they must wait 3 years from the conviction date before applying for a CPL. If they have two prior DUI convictions, they may not apply until 8 years since they were convicted of their last DUI.
If you are facing a criminal charge, whether for drug possession, larceny, or weapon use, contact an attorney immediately for legal support. Criminal charges are complex to navigate and will require the skill and professional knowledge of an experienced lawyer who knows how to craft a strong defense to argue for mitigated or even dismissed charges, especially when your category of offense can be charged as either a misdemeanor or a felony. Our legal team at Scozzari Graham, PLLC has years of litigation experience and have secured successful wins for clients in the past; let us take a look at your case and plan your next course of legal action.
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