Consecutive Sentencing Part Two - Mandatory Consecutive Sentencing

Consecutive Sentencing Part II – Mandatory Consecutive Sentencing

Mandatory Consecutive Sentencing is pretty straightforward. In the following scenarios, the judge must sentence the offender to a consecutive sentence. There is not debating it.

• A person is in prison/jail and commits a new crime (for example, assaults another inmate)
• A person escapes from prison/jail and commits a new crime (escaping is in and of itself a felony that will trigger mandatory consecutive sentencing)
• A felony committed while on parole (being on felony probation does not trigger a mandatory consecutive sentence)
• A major drug crime committed while a person has a pending felony case (regardless of whether the original case was drug related or not)
• Any felony where a firearm is used (felony firearm), this is an automatic 2 year stab in the back at the end of the underlying prison sentence. If probation is imposed, then this mandatory two year doesn't apply. You can’t do time just for the felony firearm enhancement in and of itself.

Ryan Maesen, criminal lawyer in Grand Rapids, MI

www.westmichigancriminaldefense.com

www.maesenlawplc.com