What's he looking at for a first degree home invasion? 5 Answers as of February 16, 2015

My friend caught his girlfriend cheating in him at the guy’s house. He went in the guy was naked and he beat him up. Is this special circumstances? Now, he is charged with the first degree home invasion and assault. They offered him a 20 year deal. Needless to say, that's a no brainer. His public defender just said take it to trial. He has 1 prior conviction for possession. No violent crimes and he takes care of his 3 year old son.

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. Circumstances may vary significantly. If you need specific legal advice, please privately consult with a lawyer. Home Invasion First Degree is a felony "punishable by imprisonment for not more than 20 years or a fine of not more than $5,000.00, or both." MCL 750.110a (5). This may be enhanced if a person is charged as a habitual offender. If a person is convicted of a felony charge in Michigan, they would be sentenced in accordance with the Michigan sentencing guidelines. This guideline score helps the court to determine an appropriate? Minimum sentence, or earliest possible parole date, if the court wishes to sentence someone to prison and if the convicted individual scores in a prison or straddle cell. In certain situations, the court will be required to sentence a person to prison if convicted unless they wished to depart from the guidelines. Judges will follow the guidelines unless they have a substantial and compelling basis to depart upwards or downwards. Home Invasion First Degree, for the purposes of sentencing scoring, is considered to be a very serious offense; scored on a B "grid," (Solicitation of Murder, for example, is scored on an A grid, while more minor felony charges are scored on G or F grids). Because of the alleged assault element, it is classified as a "Crime Against A Person." Unless there are some very usual circumstances which would result in a very low score, people are usually looking at substantial prison terms for their minimum possible sentence, i.e., their earliest possible parole date, if convicted of Home Invasion First Degree. Their maximum sentence starts at twenty years and goes up if they were convicted as a habitual offender. Ultimately, a person's possible sentence depends on their scoring and the alleged facts of the case. Any plea-offer related to a felony charge, of course, needs to be considered in comparison to a person's potential guideline scores if convicted and the alleged facts. For specific information like that, they should consult with their lawyer and ask about their guideline scores. Keep in mind, however, that the scores may just be estimates until the proofs are actually submitted or a pre-sentence report is completed. The proofs submitted at a trial, for example, may change a person's guideline scores since that ultimately will be key factor.
Answer Applies to: Michigan
Replied: 2/16/2015
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
No, that is definitely not a special circumstance. Ultimately, his sentence will depend on what he pleads to or is found guilty of. Plea bargains typically involved pleas to lesser charges and/or sentencing agreements. It will also depend on his past record, if any. He needs to have the help of an experienced criminal defense attorney.
Answer Applies to: Michigan
Replied: 12/9/2014
Dungan, Lady, Kirkpatrick & Dungan PLLC | Michael Dungan
If he is convicted of Home Invasion First Degree as second felony offender, it will be a prison sentence, the maximum will be set at 30 years, the minimum guideline range will be somewhere in the 4 to 8 year range (approximately).
Answer Applies to: Michigan
Replied: 12/9/2014
Hamblin Law Office | Sally Hamblin
His public defender needs to really use all defenses for him that apply. The prior is not assaultive, so that shows he does not have a propensity to be assaultive. Should he have done what he did? No. I am sure his attorney will look into all what transpired with the defendant and minimize as much as he can.
Answer Applies to: Michigan
Replied: 12/9/2014
Elhart & Horvath, P.C.
Elhart & Horvath, P.C. | Mattias Johnson
It is impossible to say. If at all possible this is a situation where he should be advised that if there is any way for him to afford hiring an experienced criminal defense attorney, he should do so. Given his lack of priors he may have a case for pleasing to a reduced charge.
Answer Applies to: Michigan
Replied: 12/9/2014
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