Oakland County Felony Crime Attorney

Providing Clients With an Aggressive Legal Defense Against Felony Charges

If you have been arrested and charged with a felony in Oakland County, you could face time in prison and be ordered to pay steep fines if convicted. Unlike most misdemeanor cases that result in jail time, felonies can be punishable by lengthy prison sentences depending on the severity of the crimes.

Aside from possibly being sentenced to prison, a felony conviction can result in you losing many of your civil rights, including the right to vote, legally own or possess firearms, and receive financial aid. Additionally, you will likely find it challenging to obtain gainful employment due or suitable housing due to the ease of potential employers or landlords conducting background checks. Finally, as a general rule, the military does not allow those with felonies to enlist.

Due to the severe penalties resulting from a felony conviction, hiring an experienced defense attorney to provide you with the legal representation you need to fight the charges and win is in your best interest. Contact Dallo Law at our Oakland County law office to schedule your initial consultation. Office visits are by appointment only; consultations are also available over the phone or via video conference.

What is the Difference Between a Felony and Misdemeanor Offense?

One of our client’s most common questions is the difference between a felony and a misdemeanor offense. Under Michigan law, the main difference between felony and misdemeanor cases is the sentence length if the defendant is convicted. A felony is viewed as being more serious than a misdemeanor offense and carries the potential of being sentenced to over one year in prison. Conversely, a misdemeanor is considered less severe and is typically punishable by the defendant being sentenced to jail time, fines, or probation.

State law stipulates whether crimes are felonies or misdemeanors. However, some offenses can be charged as either a felony or a misdemeanor, depending on the defendant’s prior record or whether a deadly weapon was involved.

Some examples of misdemeanors that could end up being charged as felony cases include:

Domestic violence
Child abuse
Third OWI/DUI
Simple assault with the use of a weapon

Regardless of the felony criminal charges you may be facing, you must have a highly-trained defense attorney who will fight to protect your rights and freedom. Dallo Law is an Oakland County law firm dedicated to helping criminal defendants charged with life-changing felony cases.

What are Some of the Most Common Felony Charges in Michigan?

Although there are various felony charges, several are more common than others. The most common felony charges in Michigan include:

Sex crimes: Common felony sex crime cases, classified as criminal sexual conduct (CSC), include internet solicitation of a minor, child pornography, and rape or statutory rape
Felony theft: Under Michigan law, an individual may be charged with felony theft if the stolen property is valued at $1,000 or more
Assault: An assault may be charged as a felony if the crime involves specific factors, including if a weapon was involved, the victim suffered bodily injury, or if the offense was committed against a pregnant woman
Drug crimes: Drug crimes such as possession of hard drugs such as cocaine, heroin, ecstasy, or methamphetamine may be charged as felony cases along with drug trafficking or possession with intent to deliver

Child abuse may be charged as a felony if the person knowingly or intentionally caused physical or mental harm to a child. Additionally, domestic violence may be charged as a felony if the accused has had a prior conviction. However, a person may be charged with felony domestic assault if they used strangulation, suffocation, or a deadly weapon to commit the crime.

Dallo Law has extensive experience handling criminal cases heard in Oakland County circuit courts and knows what it takes to get results. Contact our law firm today to schedule your initial consultation and learn more about our legal services.

How are Felonies Classified Under Michigan Law?

In Michigan, felonies are criminal offenses punishable by more than one year in prison. Michigan has nine different felony classifications, each based on the seriousness of the offense. First-degree murder does not have a classification because it carries a mandatory life sentence without the possibility of parole. However, a Class M2 felony is set aside for second-degree murder, punishable by life in prison or any other sentence handed down by the judge.

The other various Michigan felony classifications include:

Class A felony: Punishable by life in prison or other sentence determined by the judge. Examples include assault with a deadly weapon, criminal sexual conduct, or kidnapping
Class B felony: Punishable by up to 20 years in prison. Examples include involuntary manslaughter, second-degree child abuse (second offense), or production of child pornography
Class C felony: Punishable by up to 15 years in prison. Examples include human trafficking that brings injury to another person, second-degree rape, or OWI/DUI causing death
Class D felony: Punishable by up to 10 years in prison. Examples include possession of methamphetamine, breaking and entering, and assault by strangulation
Class E felony: Punishable by up to five years in prison. Examples include first-degree retail fraud (shoplifting over $1,000 worth of merchandise), third-offense OWI/DUI, or aggravated stalking
Class F felony: Punishable by up to four years in prison. Examples include cultivating more than 20 marijuana plants, possession of less than five kilos of marijuana, and false reporting of a felony
Class G felony: Punishable by up to two years in prison. Examples include a second conviction for domestic violence, resisting a police officer, squatting (second offense)
Class H felony: Punishable by jail time, probation, or community control. Examples include driving with a suspended license, lottery violations, and joyriding

It should also be noted that judges determine the fines in Michigan felony cases at the time of sentencing.

When Should I Consider Hiring a Criminal Defense Lawyer if I Have Been Charged With a Felony

One of the biggest mistakes many people charged with felonies make is waiting to hire a criminal defense lawyer. However, if you have been charged with a felony, you must immediately hire a criminal defense lawyer to protect your rights.

One of the advantages of having a defense lawyer represent you is that they will act as your legal advocate and negotiate with the prosecution to try to have your charges dropped or reduced. They can also help you obtain a bond, so you do not have to remain in Oakland County jail. However, the most significant benefit of hiring a defense attorney is that they will protect your rights.

All too often, police and prosecutors are overzealous in their desire to ensure public safety. As a result, law enforcement officials do not always get it right and pursue criminal charges without having probable cause or enough evidence to warrant an indictment.

When you hire a defense attorney, they will thoroughly evaluate the prosecution’s case to determine its strengths and weaknesses. In many instances, a defense attorney can file a motion asking that a case be dismissed due to lack of evidence or ask that evidence be suppressed because it was obtained through an illegal search and seizure.

Why Do I Need to Ask for a Criminal Defense Attorney if the Police Are Trying to Question Me?

A common tactic many law enforcement officials use is to try and question defendants accused in felony cases, especially with drug crimes. Often, a police officer will try to convince you that if you talk to them, you can clear everything up and be allowed to go home.

However, Michigan police and other law enforcement officials can use deception when asking questions of those accused of crimes. For, the police often will try to tell individuals that they have more evidence that supports their guilt to try and force a confession.

However, the Fifth Amendment protects anyone arrested and gives them the right to remain silent and not answer any questions aside from identifying themselves. You also have the right to have an attorney and consult with them during questioning or stop the interview at any time.

One of the most considerable benefits of having an attorney present during questioning is that they understand criminal law and can protect you from making incriminating statements. It is important to remember that anything you say can and will be used against you in court.

Therefore, before you agree to speak with the police, ask for an attorney. Furthermore, you should consult with your attorney before you sign any statement or make decisions. Remember, the police are not your friends, and their job is to try and put you in jail.

Dallo Law is passionately committed to helping defendants navigate the Michigan criminal justice system and would be honored to assist you with your legal needs.

Can I Receive Probation if I Have Been Charged With a Felony?

One of the most considerable differences between a misdemeanor and a felony is that a felony can land a person in prison for over a year. Michigan courts take all felony cases seriously, and many defendants will likely be sentenced to prison if convicted.

However, judges have several options when determining a sentence. The judge could order that a defendant be sent to prison to serve their entire sentence. In other instances, a judge may order that an individual be sentenced to prison and then be ordered to serve time on probation once released. Finally, judges also have the option to forgo prison time and sentence offenders to only serve probation.

A judge’s decision to sentence an individual may depend on several factors, such as the severity of the crime, whether there were injuries and any prior criminal history. However, first-time offenders often stand a greater chance of being granted probation.

It should be noted that probation is an alternative to being sentenced to serve time in prison and that probationers must follow a strict set of guidelines, including maintaining gainful employment, regular check-ins with the probation officer, drug testing, and participating in court-ordered programs.

In Michigan, the maximum probation period is generally three years but may be extended up to five years, depending on the circumstances. Any violations can result in you being sent back to jail and having to finish your sentence in prison with additional time added for any new offenses committed.

Can Michigan Felonies Be Sealed or Expunged?

Under the Michigan Clean Slate Act, enacted in April 2021, several types of felony convictions can automatically be set aside without an application. If a felony record is sealed, the general public cannot access it, such as in background checks. Nevertheless, it is still available to law enforcement officials. If a criminal record is expunged, the slate is wiped clean, and it is as though the offense never occurred.

However, specific legal requirements must be met before a felony can be expunged. For example, after a 10-year waiting period, no more than two felonies can be expunged. The Michigan State Police will automatically set aside the criminal conviction(s) after the sentence has been imposed or the offender’s term of imprisonment in the Department of Corrections has been completed, whichever occurs last.

However, not all felony crimes qualify for the Clean Slate program and are barred from expungement. Violent crimes such as assault with intent to commit criminal sexual conduct, felony domestic violence, and second-degree child abuse are not eligible under state law. Life offenses or those punishable by more than 10 years cannot be expunged.

If you have been convicted of a felony offense and are uncertain if you meet the eligibility requirements for the Clean Slate Act, it is in your best interest to contact a criminal defense lawyer immediately. A lawyer can assess your record and determine if you meet the state requirements. Your attorney can also assist you with filling out paperwork to begin the legal process and help you restart your life.

If you have questions about Michigan’s Clean Slate Act, contact Dallo Law today.

What Makes Dallo Law the Right Choice to Defend Me Against Felony Charges?

If you have been charged with a felony, you are probably feeling overwhelmed and frightened that you may lose your freedom. When deciding who to hire to defend you against felony charges, you cannot afford to hire a criminal defense lawyer afraid to stand up to prosecutors.

Unlike other criminal defense lawyers who often make empty promises to clients they cannot keep, our law firm provides honest evaluations. When you seek help from Dallo Law, our dedicated team of professionals will take the time to thoroughly assess your case and determine what legal strategies suit your needs.

Our criminal defense lawyer, J. Dallo, has extensive experience handling cases in Oakland County Circuit Court and knows what it takes to get results. However, many defendants facing felony charges are initially unaware that most cases are resolved without the need to go to trial. Attorney Dallo is a skilled negotiator who will work with the prosecution to try to have your charges dropped or reduced.

However, Attorney Dallo is prepared to take your case to trial if the prosecution is unwilling to negotiate. Our experienced attorney has spent significant time defending and winning cases in Oakland County courtrooms and never backs down from a fight.

Contact our Oakland County law firm today at 248-290-9962 to learn how to schedule your initial consultation so we can build a robust legal defense on your behalf.