A mandatory minimum sentence, under the sentencing reform act, is a sentence enhancement, created by Congress or a state legislature, which the court must give to a person convicted of a crime, no matter what the unique circumstances of the sex offender or the drug offenses are. In other words, this is the amount of time that MUST be served in the Michigan Department of Corrections, prison, prior to being eligible for parole.
In most cases, the judge has a certain amount of discretion to set the sentence, based on various factors, which include the defendant’s age, personal background, previous criminal record, etc. However, the penalty involves required prison terms/mandatory sentences or mandatory minimums sentencing, the judge lacks any discretion at all. The judge is obligated, under the laws of Michigan, to use mandatory minimum sentences as affixed to the sentencing crime.
In Michigan, United States, when it comes to mandatory minimum sentencing laws for Sexual Assault cases, only Criminal Sexual Conduct 1st Degree and Criminal Sexual Conduct 3rd Degree have mandatory minimums penalties that includes this kind of sentencing.
What Is Mandatory Minimum Sentencing?
SENTENCING FOR CRIMINAL SEXUAL CONDUCT 1ST DEGREE
Mandatory minimum sentencing laws exist for the charge of Criminal Sexual Conduct 1st Degree. However, when being charged with Criminal Sexual Conduct First Degree, only specific facts of your case will place you in the position of having this kind of sentence apply to your case.
Criminal Sexual Conduct 1st Degree charges that involve a child under the age of 13, and you are 17 years or older, requires sentencing of 25 years.
That mandatory minimums sentencing laws cannot be altered or adjusted. This is the reason such mandatory minimum sentences are considered as such, because the mandatory minimums sentence is required under the laws of Michigan.
Being subject to mandatory minimum sentences of 25 years prison sentence is no laughing matter. Attorney Nicole Blank Becker has been responsible for charging and defending hundreds, if not thousands of defendants of these exact types of cases.
25 years in prison is equivalent to a mandatory minimum of life prison sentences for most. When your life is literally on the line, you need to contact Nicole right now so she can immediately assist you in the fight for your freedom.
SENTENCING FOR CRIMINAL SEXUAL CONDUCT 3RD DEGREE
This type of sentence exists for the charge of Criminal Sexual Conduct 3rd Degree, no matter the circumstances of your case.
Most defense attorneys who do not regularly handle Sexual Assault related cases either do not know about the sentencing guidelines/requirement or frankly, just forget.
Hire Blank Law, PC
If you choose a defense attorney that does not focus on Sexual Assault cases then you and your attorney may believe you got a great deal by taking advantage of you by getting you to plead guilty to Criminal Sexual Conduct 3rd Degree. You and your attorney may be praying for probation. Imagine your frustration and surprise when you are before the Court to be sentenced and the Judge informs you that you are required to face a minimum sentence of 1 year in prison for Criminal Sexual Conduct 3rd Degree.
This scenario is just another reason why you need Attorney Nicole Blank Becker in your corner. She is the one to fight for your criminal justice. She knows the laws or mandatory minimums sentencing guidelines and how they will affect your future.
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