In Michigan, the law takes firearm-related offenses seriously, especially when connected to other crimes. The felony firearm law, outlined in Michigan Compiled Laws Section 750.227b, makes it a separate crime to possess a firearm while committing or attempting to commit a felony.
This means that even if the underlying felony does not involve a gun, simply having one in your possession can lead to additional charges.
Mandatory sentences for firearm possession during a felony
The penalties for violating the felony firearm law are strict and mandatory. For a first offense, the law requires a mandatory two-year prison sentence. A second offense increases the mandatory sentence to five years, and a third or subsequent offense carries a mandatory ten-year sentence.
These penalties are not negotiable and must be served consecutively. This means they are added on top of the sentence for the underlying felony, not served at the same time.
Impact on sentencing and legal proceedings
These penalties significantly impact the overall length of a prison sentence. Additionally, judges have no discretion to reduce these mandatory sentences, and prosecutors cannot offer plea bargains to eliminate the felony firearm charge. This rigidity underscores the seriousness with which Michigan treats the combination of firearms and felonies.
The importance of legal awareness
Understanding the felony firearm law is important for anyone in Michigan. Ignorance of the law does not exempt someone from its consequences. Being aware of these mandatory penalties can influence decisions and encourage individuals to avoid carrying firearms, especially when engaging in activities that could lead to felony charges.
Knowledge of the law promotes responsible behavior and can prevent life-altering legal repercussions.