What is the sentencing process for Michigan Felony Assault?

undefinedLearn more about the sentencing process for Michigan Felony Assault

Most people don’t realize the extent of the sentencing process for Michigan felony assault. This post offers a simplified explanation of what you will experience at your sentencing hearing if you are convicted of a felony assault charge in Michigan.

(Related: Assault and Battery Charge: Can I Be Charged as a Habitual Offender?)

A Judge will sentence you on your Michigan felony assault charges if you plead guilty or no contest to a Michigan felony assault charge without going to trial; or if you are ruled guilty of a felony assault charge by the Judge or Jury after your trial. Following either one of these scenarios you become a “convicted felon,” required to visit an officer from the Probation Department on a predetermined date for a presentence investigation/interview. Some individuals are not released on bond following their conviction and must remain detained in Jail, and will be later visited by the Probation Officer.

(Related: Felonious Assault Charge in Michigan: Should I Testify or Not?)

The Probation Officer will gain a better understanding of who you are, the lifestyle you lead, your history as a criminal, and the facts of your crime. With this information your probation officer will create a Presentence Investigation Report (PSI). This report will include a recommendation for your sentencing to the Judge, and why it is recommended.

There are some instances where a Judge may allow your criminal defense attorney to ask the Judge to state in open Court what he or she would likely sentence you to in the event that you plead guilty or no contest to a certain Michigan felony assault charge or a Michigan misdemeanor assault charge (plead down from your original charge). This is called a “Cobbs Evaluation.” In the event that the prosecutor also agrees, it is called a “Cobbs Agreement.” Cobbs deal are appealing because they offer an effective way to provide certainty in the otherwise uncertain world of when facing felony assault charges in Michigan.

(Related: Domestic Violence Defense Lawyer: Case Dismissed if Victim Doesn't Show-Up?)

Michigan felonious assault charge, then she intends to sentence you to 1 year in county jail. If the Judge later changes her mind and decides to give you a harsher sentence, you can withdraw the guilty plea and take your chances at trial in hopes of being found Not Guilty. Cobbs deals are an effective way to give you certainty in the uncertain world of facing Michigan felony assault charges.

Indeterminate sentencing is utilized in Michigan felony cases. This means that after your information input into the Michigan Sentencing Guideline, it will produce a range of months for which Michigan law says you should be locked away. A sentence that is longer than 1 year is a prison sentence. Any sentence that is less than 1 year is a jail sentence.

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