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Fourth Offense Habitual Offender Avoids Mandatory 15 Year Sentence


Associate Attorney Hannah Polley, a criminal defense attorney of Haque Legal, secured a life-changing deal for a client. The client is an Ohio resident with three prior felony convictions. He traveled through Michigan when the Monroe County Sheriff’s Department initiated a traffic stop. The Sheriff’s searched the vehicle, and a dangerous weapon was recovered.

The client, MC, was charged with a felony under MCL 750.226. If convicted, the client could be punished by imprisonment for five years. MC retained Haque Legal to work with the Monroe County Prosecutor’s Office to assist with the charge and the potential habitual offender consequences.

A conviction under the habitual offender statute leads to serious consequences. If you are convicted here or in another state, the felony convictions count as subsequent offenses. That means your criminal convictions in other states will count against you in Michigan. Here, MC had three prior felony convictions in a neighboring state. By this being a potential fourth felony conviction, he would be considered a “habitual offender fourth.”

A fourth-felony offender must serve 15 years for an offense with a maximum penalty of fewer than five years. MCL 769.12(1). Attorney Polley obtained a deal to release the habitual offender enhancement and require only probation. Indeed a life-changing outcome for a client facing a mandatory prison sentence.


This article that you have read is based on a real case based on specific facts and circumstances. This is not legal advice and cannot be construed as a legal consultation with the firm. It is also not to be construed as a guarantee of an outcome. No client-attorney relationship is created when you read the articles we have provided.

Let us help you out.

Haque Legal’s criminal defense team has secured dismissals and negotiations that preserve our client’s life, liberty, and innocence. If you are charged with a crime, contact us immediately.

The post Fourth Offense Habitual Offender Avoids Mandatory 15 Year Sentence appeared first on Haque Legal.

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