Michigan Laws

Prohibited person possessing firearm

Oct 3, 2024 | Michigan Laws

Thinking about going hunting?

Not if you are a person who is prohibited from possessing a firearm in Michigan.

In Michigan, certain individuals are legally prohibited from owning or possessing a firearm. Being caught with a firearm if you fall under this category can lead to serious felony charges.

This article will explain who qualifies as a “prohibited person,” the penalties for possessing a firearm as a prohibited person, potential legal defenses, and how an experienced attorney can help.

Who Is Considered a Prohibited Person?

Michigan law and federal law prohibit certain individuals from possessing or owning firearms. A “prohibited person” can include those who fall into one or more of the following categories:

Convicted Felons: Anyone convicted of a felony cannot possess, own, or purchase a firearm in Michigan. This restriction applies for a set period after the conviction and release, and sometimes indefinitely for certain offenses.
Domestic Violence Convictions: Individuals convicted of a misdemeanor involving domestic violence are prohibited from possessing a firearm.
Mental Health Status: Individuals who have been involuntarily committed to a mental health institution or who have been found legally incapacitated are generally barred from firearm ownership.
Restraining Orders: Individuals subject to certain types of restraining orders, such as those related to domestic violence, are also prohibited from possessing firearms.

The law that governs this offense is MCL 750.224f, which makes it a crime for prohibited individuals to possess a firearm. The law includes specific restrictions on felons and others who fall into the prohibited person category.

Penalties for a Prohibited Person Possessing a Firearm

The penalties for a prohibited person possessing a firearm in Michigan are severe and can vary depending on the circumstances of the offense. Generally, if convicted, you may face:

Felony Charges
Up to 5 years in prison
Fines of up to $5,000

For felons who are caught possessing a firearm, the length of the penalty may depend on the severity of the underlying felony conviction. Some convictions may lead to longer prison sentences, especially for violent felonies or crimes involving firearms.

In addition, being found with a firearm while committing another crime can result in additional charges, such as felony firearm possession, which carries mandatory prison time on top of any sentence for the underlying offense.

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Legal Defenses for Prohibited Person Possessing a Firearm

Facing charges for possessing a firearm as a prohibited person can be overwhelming, but there are potential defenses that may help your case. Common legal defenses include:

Restored Rights: In some cases, convicted felons may have their rights to possess a firearm restored after completing probation or parole and waiting the required time period. If your rights were restored, this could serve as a defense.
Lack of Knowledge: If you were unaware that the firearm was in your possession, such as if it belonged to someone else or was placed in your vehicle without your knowledge, this could be used in your defense.
Illegal Search and Seizure: If the firearm was discovered during an unlawful search, the evidence may be suppressed, which could lead to a dismissal of the charges. Your Fourth Amendment rights protect you from unreasonable searches and seizures, and any violation of these rights may help your case.
Temporary Possession for Protection: In some rare cases, the defense may argue that the firearm was temporarily possessed for self-defense or protection in a moment of immediate danger.

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

How Komorn Law Can Help

If you’ve been charged with possessing a firearm as a prohibited person, it’s critical to have an experienced legal team that understands Michigan’s complex firearm laws. Komorn Law has over 30 years of experience defending clients in both state and federal courts, specializing in criminal defense and firearm-related cases.

Komorn Law can help by:

Investigating the circumstances of your arrest and challenging any illegal search or seizure
Determining whether your firearm rights have been restored
Presenting a strong defense in court to reduce or dismiss charges
Negotiating with prosecutors to lower the penalties or charges

If you’re facing charges for any DUI or alleged crime in Michigan, call Komorn Law (248) 357-2550 for a case evaluation today.

Note: This article provides a general overview and does not substitute for legal advice. Anyone charged with a CSC offense should consult an attorney for specific legal guidance.

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Unlawful Possession of a Controlled Substance in Michigan

Sep 25, 2024 | Drugs, Michigan Laws

Unlawful Possession of a Controlled Substance in Michigan

In Michigan, being caught with illegal drugs can lead to serious consequences. The state has strict laws on drug possession, and unlawful possession of a controlled substance is one of the most common charges.

Here, we’ll break down what the law says, the punishments, and possible defenses.

#1 Step to take – Invoke your 5th amendment right and ask for a lawyer. No matter what the police say or what they promise you!!

What Is Unlawful Possession of a Controlled Substance?

Under Michigan law, possession of a controlled substance means having drugs or narcotics that are illegal without a valid prescription. These substances can include illegal street drugs like heroin, meth, cocaine, or even prescription drugs like Oxycodone or Xanax if you don’t have a prescription.

Michigan categorizes controlled substances into different “schedules” based on how dangerous or addictive they are. The more dangerous the drug, the harsher the penalties. For example, Schedule I drugs, like heroin, are seen as highly addictive and have no accepted medical use, while Schedule II drugs, like certain pain medications, can be prescribed by a doctor but still carry serious penalties if abused.

The law governing unlawful possession of controlled substances can be found in MCL 333.7403. This section outlines which substances are illegal and what happens if you’re found in possession of them.

Penalties for Unlawful Possession

The punishment for possessing a controlled substance depends on several factors:

What drug you had, how much you had, and your prior criminal record.

Schedule I or II Narcotics (like heroin or cocaine): If caught with less than 25 grams, you could face up to 4 years in prison and/or fines of up to $25,000.
25 to 50 grams: Up to 4 years in prison and a fine up to $25,000.
50 to 450 grams: Up to 20 years in prison and a fine up to $250,000.
More than 1,000 grams: Life in prison and a fine of $1,000,000.

For Schedule III or IV drugs (like prescription medications without a prescription), you may face up to 2 years in prison and/or fines up to $2,000.

You can find the penalties for different types of drugs under MCL 333.7401.

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If you have been accused or charged with a crime.
Say nothing to anyone. Talk to us first.
Our firm is experienced in both State and Federal courts defending clients.

CALL NOW

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Possible Legal Defenses

If you’re charged with unlawful possession, there are legal defenses that could help your case. Some of the most common include:

Lack of Possession: You may argue that the drugs weren’t yours or that you didn’t have control over the drugs.
Illegal Search and Seizure: If the police conducted an unlawful search of your property (for example, searching your home without a valid warrant), evidence collected during that search could be thrown out.
Medical Necessity: If you had the drugs for a legitimate medical purpose but didn’t have the prescription with you, that could be a defense.
Entrapment: If you were tricked or pressured into possessing the drugs by law enforcement, you may have an entrapment defense.

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

How Komorn Law Can Help

If you’ve been charged with unlawful possession of a controlled substance, it’s crucial to have an experienced legal team by your side. Komorn Law has over 30 years of experience defending clients in both state and federal courts. They specialize in complex criminal defense cases and have a deep understanding of Michigan drug laws.

Komorn Law can help you:

Evaluate the evidence against you
Challenge the legality of the search or arrest
Negotiate with prosecutors for reduced charges
Fight for your rights in court

Their expertise in drug cases, coupled with their knowledge of search and seizure laws, can make all the difference in getting charges dismissed or reduced.

If you’re facing charges for unlawful possession of a controlled substance in Michigan, call Komorn Law (248) 357-2550 for a free evaluation today.

Note: This article provides a general overview and does not substitute for legal advice. Anyone charged with a crime should consult an attorney for specific legal guidance.

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Obstruction Laws in Michigan

Sep 17, 2024 | Michigan Laws, Resisting and Obstructing

Move along or you’ll be arrested for Obstruction of “Justice”.

In Michigan, obstruction is a crime that involves interfering with law enforcement or other officials when they are trying to carry out their duties.

Obstruction can cover a wide range of actions, including lying to the police, physically interfering with an officer’s job, or helping someone else avoid arrest. Michigan law takes obstruction seriously, and it can lead to felony charges with significant penalties.

What Is Obstruction?

Under Michigan Compiled Law (MCL) 750.81d, obstruction is defined as any action that resists, opposes, or interferes with a police officer, firefighter, paramedic, or other emergency responder while they are performing their duties. This can include:

Physically stopping an officer from making an arrest
Giving false information to the police
Refusing to follow lawful commands
Tampering with evidence or hiding it from the police

The key part of the law is that obstruction makes it harder for officials to do their jobs safely and effectively. Even if you don’t touch the officer, simply not following orders or making their job more difficult can still be considered obstruction.

750.81d Assaulting, battering, resisting, obstructing, opposing person performing duty; felony; penalty; other violations; consecutive terms; definitions.

Sec. 81d.

(1) Except as provided in subsections (2), (3), and (4), an individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.

(2) An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties causing a bodily injury requiring medical attention or medical care to that person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both.

(3) An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties causing a serious impairment of a body function of that person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.

(4) An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties causing the death of that person is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $20,000.00, or both.

(5) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.

(6) A term of imprisonment imposed for a violation of this section may run consecutively to any term of imprisonment imposed for another violation arising from the same transaction.

(7) As used in this section:

(a) “Obstruct” includes the use or threatened use of physical interference or force or a knowing failure to comply with a lawful command.

(b) “Person” means any of the following:

(i) A police officer of this state or of a political subdivision of this state including, but not limited to, a motor carrier officer or capitol security officer of the department of state police.

(ii) A police officer of a junior college, college, or university who is authorized by the governing board of that junior college, college, or university to enforce state law and the rules and ordinances of that junior college, college, or university.

(iii) A conservation officer of the department of natural resources or the department of environmental quality.

(iv) A conservation officer of the United States department of the interior.

(v) A sheriff or deputy sheriff.

(vi) A constable.

(vii) A peace officer of a duly authorized police agency of the United States, including, but not limited to, an agent of the secret service or department of justice.

(viii) A firefighter.

(ix) Any emergency medical service personnel described in section 20950 of the public health code, 1978 PA 368, MCL 333.20950.

(x) An individual engaged in a search and rescue operation as that term is defined in section 50c.

(c) “Serious impairment of a body function” means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.

Link to MCL 750.81d

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Resisting and Obstructing Officers

Michigan law, specifically Michigan Compiled Law (MCL) 750.81d, makes it a crime to obstruct, resist, or assault a police officer while they are carrying out their duties.

This law applies not only to police officers but also to firefighters, emergency medical personnel, and other authorized officials.

Resisting involves refusing to comply with lawful orders, such as resisting an arrest.

Obstruction, on the other hand, refers to actions that make it difficult or impossible for an officer to perform their duties, like lying to police, refusing to move when asked, or hiding evidence.

If you are found guilty of resisting or obstructing, you can face a felony charge. The penalties for this crime depend on the circumstances:

Basic offense: If there is no injury to the officer, the crime is punishable by up to 2 years in prison and/or a fine of up to $2,000.
Injury to an officer: If the officer is injured during the act of resisting or obstructing, the penalty increases to a maximum of 4 years in prison and/or a fine of up to $5,000.
Serious injury to an officer: If the officer suffers a serious bodily injury, the punishment increases to 15 years in prison and/or a fine of up to $10,000.
Death of an officer: If the officer dies as a result of the obstruction or resistance, the offender can face up to 20 years in prison and/or a fine of up to $20,000.

Passive vs. Active Resistance

There is a distinction between passive resistance and active resistance. Passive resistance is often seen in peaceful protests, where someone might sit or stand in a location without fighting back. While still illegal, passive resistance typically results in lower penalties than active resistance, which involves physical struggle or fleeing from an officer.

Catch All

Michigan law also has a catch all law MCL 750.505.

750.505 Punishment for indictable common law offenses.

Sec. 505.

Any person who shall commit any indictable offense at the common law, for the punishment of which no provision is expressly made by any statute of this state, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 5 years or by a fine of not more than $10,000.00, or both in the discretion of the court.

Conclusion

Resisting arrest and obstructing officers in Michigan whether the resistance is passive or active, it is important to understand that interfering with law enforcement can lead to felony charges and significant penalties.

For more details, you can refer to the laws here:

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Resisting Arrest in Michigan

Sep 16, 2024 | Michigan Laws, Resisting and Obstructing

Stop resisting! Stop resisting!

In Michigan, resisting arrest is a serious crime. Under Michigan Compiled Law (MCL) 750.81d, it is illegal to resist or obstruct a police officer or any other law enforcement official when they are performing their duties. This law doesn’t only apply to police officers but also to firefighters, paramedics, and other emergency personnel.

Beside obstruction of “Justice” – This is a favorite of government officials to throw on for any reason they see fit. It may be that they are just having a bad day and you did not submit like a wet noodle.

Charged with resisting arrest?

The first and most important step is to immediately seek the help of an experienced criminal defense trial attorney. Because a trial is where you may have to take it and it won’t be cheap.

A lawyer who specializes in Resisting and Obstructing cases will know how to navigate the complexities of the legal system, protect your rights, and build a strong defense.

They will also help you avoid making mistakes that could hurt your case.

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Levels of Obstruction and Resisting Arrest in Michigan

In Michigan, the law deals with obstruction and resisting arrest through a range of actions that can interfere with a law enforcement officer’s duties. These actions are illegal and are taken seriously by the courts. Michigan law outlines several levels of offenses for obstruction and resisting arrest, depending on the severity of the act and the resulting consequences.

Resisting and Obstructing Officers

Michigan law, specifically Michigan Compiled Law (MCL) 750.81d, makes it a crime to obstruct, resist, or assault a police officer while they are carrying out their duties.

This law applies not only to police officers but also to firefighters, emergency medical personnel, and other authorized officials.

Resisting involves refusing to comply with lawful orders, such as resisting an arrest.

If you are found guilty of resisting or obstructing, you can face a felony charge. The penalties for this crime depend on the circumstances:

Basic offense: If there is no injury to the officer, the crime is punishable by up to 2 years in prison and/or a fine of up to $2,000.
Injury to an officer: If the officer is injured during the act of resisting or obstructing, the penalty increases to a maximum of 4 years in prison and/or a fine of up to $5,000.
Serious injury to an officer: If the officer suffers a serious bodily injury, the punishment increases to 15 years in prison and/or a fine of up to $10,000.
Death of an officer: If the officer dies as a result of the obstruction or resistance, the offender can face up to 20 years in prison and/or a fine of up to $20,000.

Passive vs. Active Resistance

Conclusion

For more details, you can refer to the Michigan Compiled Laws:

Understanding these laws can help prevent situations that might lead to arrest or additional charges.

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Criminal Sexual Conduct (CSC) Fourth Degree

Sep 13, 2024 | Criminal Sexual Conduct, Criminal Sexual Conduct (CSC), Criminal Sexual Conduct - Consent, Criminal Sexual Conduct - First Degree, Criminal Sexual Conduct - Fourth Degree, Criminal Sexual Conduct - Legal Defense, Criminal Sexual Conduct - Second Degree, Criminal Sexual Conduct - Third Degree, Michigan Laws

Criminal Sexual Conduct (CSC) in Michigan: Fourth Degree

Criminal Sexual Conduct (CSC) is a set of laws in Michigan that define and penalize various forms of sexual offenses.

These laws are categorized into four degrees, with each degree reflecting the severity of the crime.

The Michigan Penal Code specifies these offenses, found under the Michigan Compiled Laws (MCL), and each degree has different elements and penalties.

Fourth-Degree Criminal Sexual Conduct (MCL 750.520e)

Fourth-degree CSC is the least severe and involves sexual contact without penetration. It can include unwanted touching and occurs under circumstances like:

The victim is between 13 and 16, and the offender is at least five years older.
The offender uses force or coercion.

Penalties: A conviction for fourth-degree CSC can result in up to two years in prison and a fine of up to $500.

Fourth-degree CSC – MCL 750.520e

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Use You Right To Remain Silent

If you have been accused or charged with a crime.
Say nothing to anyone. Talk to us first.
Our firm is experienced in both State and Federal courts defending clients.

CALL NOW

248-357-2550

Additional Information

Criminal sexual conduct convictions can lead to mandatory registration as a sex offender, especially if the victim is a minor. Michigan takes these offenses seriously, and those convicted can face lifelong consequences, including prison time and sex offender registration.

For more detailed definitions (MCL 750.520a) information on the statutes, you can review Michigan’s laws through the Michigan Legislature website.

Second or subsequent offense; penalty

In the event that an individual is convicted of a second or subsequent offense under sections 520b, 520c, or 520d, the resulting sentence for these offenses shall include a mandatory minimum of no less than 5 years.
For the purposes of this section, an offense is deemed a second or subsequent offense if, before the conviction of the second or subsequent offense, the individual has previously been convicted under section 520b, 520c, or 520d, or any comparable statute at the federal or state level for a criminal sexual offense, which includes but is not limited to rape, carnal knowledge, indecent liberties, gross indecency, or attempts to perpetrate such offenses.

Second or subsequent offense; penalty. MCL 750.520f

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Criminal Sexual Conduct (CSC) Third Degree

Criminal Sexual Conduct (CSC) in Michigan Third Degree

Criminal Sexual Conduct (CSC) is a set of laws in Michigan that define and penalize various forms of sexual offenses.

These laws are categorized into four degrees, with each degree reflecting the severity of the crime.

The Michigan Penal Code specifies these offenses, found under the Michigan Compiled Laws (MCL), and each degree has different elements and penalties.

Third-Degree Criminal Sexual Conduct (MCL 750.520d)

Third-degree CSC involves sexual penetration under less severe circumstances than first-degree, such as:

The victim is between 13 and 16 years old.
The act was achieved through force, coercion, or the victim’s inability to give consent (e.g., due to intoxication or mental incapacity).

Penalties: A person convicted of third-degree CSC faces up to 15 years in prison.

Third-degree CSC – MCL 750.520d

Use You Right To Remain Silent

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Say nothing to anyone. Talk to us first.
Our firm is experienced in both State and Federal courts defending clients.

CALL NOW

248-357-2550

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Additional Information

For more detailed definitions (MCL 750.520a) information on the statutes, you can review Michigan’s laws through the Michigan Legislature website.

Second or subsequent offense; penalty

In the event that an individual is convicted of a second or subsequent offense under sections 520b, 520c, or 520d, the resulting sentence for these offenses shall include a mandatory minimum of no less than 5 years.
For the purposes of this section, an offense is deemed a second or subsequent offense if, before the conviction of the second or subsequent offense, the individual has previously been convicted under section 520b, 520c, or 520d, or any comparable statute at the federal or state level for a criminal sexual offense, which includes but is not limited to rape, carnal knowledge, indecent liberties, gross indecency, or attempts to perpetrate such offenses.

Second or subsequent offense; penalty. MCL 750.520f

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Note: This article provides a general overview and does not substitute for legal advice. Anyone charged with a CSC offense should consult an attorney for specific legal guidance.

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