Repeat Drug Offender Statute

If you were previously convited of a drug offense and want personal attention from an attorney to determine the effects of a new charge, Fran Murphy Law PLC can guide you through.

When you have a prior criminal conviction, it can affect the potential sentence in your new case.  Specifically as it pertains to drug offenses, MCL 333.7413 provides enhanced penalties for a second, third, fourth, or subsequent offense.  This statute states that if you are convicted of a second or subsequent offense, you can be imprisoned for not more than twice the term authorized or fined an amount not twice that otherwise authorized, or both.

If you are found to deliver/manufacture, sell, or possess with intent to deliver certain schedule 1 or 2 controlled substance drugs within 1,000 feet of school property or a library and it is a second or subsequent offense, your punishment could be up to five (5) years in prison and fines.  You also are not eligible for probation or suspension of a sentence during the term of your imprisonment.  MCL 333.7413(2).  If, however, there are substantial and compelling reasons for doing so, the court may depart from the minimum term of imprisonment.  A prior conviction can include any offense relating to a narcotic drug, marihuana (marijuana), depressant, stimpulant, or hallucinogenic drug.

General Habitual Offender Statute

The habitual offender statute, MCL 769.12, can also subject you to additional punishment.  If you have been convicted of any combination of three (3) or more feonies or attempts to commit felonies in Michigan or other states, and if your new felony is considered a serious crime or a conspiracy to commit a serious crime, the court shall sentenc you to imprisonment for not less than twenty-five (25) years.  Not more than one (1) conviction arising out of the same transaction shall be considered a prior felony conviction under subsection one (1) of the statute.