Michigan Criminal Attorneys Blog
In Michigan, persons convicted of a “serious crime” that have at least 3 prior felonies, with one prior conviction being a “listed felony”, may be subject to a 25 year mandatory minimum prison sentence pursuant to Michigan Compiled Law 769.12. This is commonly referred to as super habitual sentencing.
What is a “serious crime”? Michigan Compiled Law 769.12(6)(c) provides a list of offenses that are defined by Michigan law as being serious crimes. Included on that list are the following offenses: second degree murder, manslaughter, assault with intent to commit murder (AWIM), assault with intent to go great bodily harm (Assault GBH), assault by strangulation, assault with intent to maim, assault with intent to rob, armed, assault with intent to rob, armed, armed robbery, carjacking, kidnapping a child under 15 years of age, prisoner taking hostage, mayhem, Criminal Sexual Conduct in the first degree (CSC1), Criminal Sexual Conduct in the second degree (CSC2), Criminal Sexual Conduct in the third Degree (CSC3), assault with intent to penetrate, and conspiracy to commit any of the offenses listed in this paragraph.
What is a “listed offense”. According to Michigan Compiled Law 769.12(a)(i)(ii) and (iii) the following offenses are included: second degree murder, manslaughter, felonious assault, assault with intent to commit murder (AWIM), assault with intent to go great bodily harm (assault GBH), assault by strangulation, assault with intent to maim, assault with intent to rob, armed, assault with intent to rob, armed, armed robbery, carjacking, kidnapping a child under 15 years of age, prisoner taking hostage, mayhem, Criminal Sexual Conduct in the first degree (CSC1), Criminal Sexual Conduct in the second degree (CSC2), Criminal Sexual Conduct in the third Degree (CSC3), assault with intent to penetrate, attempted murder, solicitation to commit murder, aggravated stalking, felony stalking with victim under 18 years, rioting in a state correctional facility, home invasion first degree, home invasion second degree, any drug offense punishable by more than 4 years in prison, child abuse first degree, child abuse second degree, vulnerable adult abuse first degree, vulnerable adult abuse second degree, assault of employee during escape, fleeing and eluding first degree, fleeing and eluding second degree, impaired driving causing death, arson of dwelling house, carrying weapon with unlawful intent, carrying a concealed weapon (CCW), felony firearm (second or subsequent offense), intentional discharge of firearm at vehicle, intentional discharge of firearm at dwelling, intentional discharge of firearm at emergency or law enforcement vehicle, and attempt to commit any of the offenses listed in this paragraph.