Fighting for the Lowest Possible Michigan Sentencing Guidelines
Prosecutors manipulate courts for lengthy sentences. Weak, ineffective lawyers get steamrolled by tough judges.
It takes a fearless, tenacious lawyer to obtain the best possible result.
Prosecutors argue for the highest possible felony sentencing guidelines; defense lawyers must argue for the lowest possible scoring. Circuit judges consider variables under the Michigan Sentencing Guidelines to determine a recommended sentence range after hearing arguments from the lawyers and making rulings on the law. The scoring and calculating of the Sentencing Guidelines are complex. Under a new guidelines law regarding sentencing in Michigan, the guidelines are advisory and not mandatory.
For example, prosecutors frequently use Michigan Sentencing Guidelines Offense Variables (“OV”) to lengthen jail or prison sentences. For example, points are assessed to OV 10 when a defendant engages in predatory conduct toward a victim or exploits a vulnerable victim. Prosecutors frequently use a very liberal and loose definition of “predatory conduct” to justify scoring this guideline.
How a Criminal Defense Attorney Can Lower Your Sentence
A great defense lawyer will be familiar with the latest case law and always be prepared to argue for a reduction in the Michigan Sentencing Guidelines and counter any argument made by the prosecution to increase the guidelines.
For example, a “victim” for purposes of this offense variable is a person who suffers from a destructive or injurious action. A person without an injury is not a victim. Further, “vulnerability” refers to “the readily apparent susceptibility of a victim to injury, physical restraint, persuasion, or temptation.” Just because an alleged victim is injured does not make that person automatically vulnerable. An apparent and particularized weakness or predisposition to injury or victimization must exist. Finally, “predatory conduct” is “pre-offense conduct directed at a victim for the primary purpose of victimization.” Run-of-the-mill planning is insufficient. Pre-offense conduct must be for the primary purpose of victimization of the particular, vulnerable victim to be scored under the Michigan Sentencing Guidelines.
Defense lawyers who tenaciously advocate for their clients will use credible factual and legal arguments and will fight for that client regardless of any pressure or attempt at intimidation are uncommon. The criminal defense lawyers with LEWIS & DICKSTEIN, P.L.L.C. are familiar with all aspects of criminal law and provide clients with the highest possible level of service, results, and dedication. Regardless of whether the issue is constitutional law, a factual dispute, or a concern with the Michigan Sentencing Guidelines, we will do whatever it takes to ensure the client gets the best possible result.
The Importance of Working with a Sentencing Guidelines Expert
Facing criminal charges, especially those with the potential for a prison sentence is daunting. The role of a sentencing guidelines expert becomes crucial in these circumstances, and at LEWIS & DICKSTEIN, P.L.L.C., we provide unparalleled expertise in this area. Our seasoned defense lawyers possess a deep understanding of the Michigan Sentencing Guidelines, which are complex and can significantly impact your case’s outcome. We focus not just on the present. Our goal is to secure your freedom and protect your rights, but also your future, striving to mitigate long-term consequences that could affect your life after the case is closed. Working with an expert who knows how to navigate these guidelines can mean the difference between a prison sentence and probation or receiving the lowest possible sentence. Our approach involves thoroughly analyzing your case, identifying any mitigating factors that can be presented in the most favorable light, and crafting a defense strategy emphasizing rehabilitation over punishment. This dedicated, strategic approach underscores our commitment to defending you in court and safeguarding your future, highlighting the essential role of skilled criminal defense counsel in achieving the best possible outcome.
Does the skill and experience of a lawyer really matter at sentencing? Hasn’t the judge already decided what to do?
In the complex and high-stakes arena of criminal defense, the expertise of top criminal defense lawyers becomes invaluable, especially when it comes to sentencing. These skilled legal professionals possess the nuanced understanding of the law, persuasive advocacy skills, and the strategic acumen necessary to present a compelling case to even the most stringent judges. Their approach goes beyond the mere presentation of facts; they artfully weave together a narrative highlighting the defendant’s unique circumstances, potential for rehabilitation, and any mitigating factors against incarceration. By doing so, they aim to humanize the defendant, appealing to the judge’s sense of justice and discretion. Furthermore, top criminal defense lawyers are adept at negotiating with prosecutors and leveraging their relationships within the legal community to achieve the most favorable outcome for their clients. Their expertise and dedication can significantly impact the decision-making process, often persuading tough judges to consider alternatives to incarceration, such as probation or community service, thereby making a profound difference in the lives of those they represent.
Attorneys With Vast Experience Arguing for Reduced Michigan Sentencing Guidelines
If you are concerned about a felony or misdemeanor allegation and want to hire a great criminal defense lawyer, call LEWIS & DICKSTEIN, P.L.L.C. for a free consultation. We can help you with felony or misdemeanor charges and work to achieve a dismissal, acquittal, or the lowest possible sentence by persuasively arguing the variables in the Michigan Sentencing Guidelines. Our team has an unparalleled track record of achieving extraordinary results. We will do whatever it takes to help you!
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.