Michigan Laws 780.621b – Setting aside multiple criminal offenses arising out of same transaction; exceptions
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Terms Used In Michigan Laws 780.621b
- Assaultive crime: includes any of the following:
(i) A violation described in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770. See Michigan Laws 780.621Conviction: A judgement of guilt against a criminal defendant. Conviction: means a judgment entered by a court upon a plea of guilty, guilty but mentally ill, or nolo contendere, or upon a jury verdict or court finding that a defendant is guilty or guilty but mentally ill. See Michigan Laws 780.621a Felony: means either of the following, as applicable:
(i) For purposes of the offense to be set aside, felony means a violation of a penal law of this state that is punishable by imprisonment for more than 1 year or that is designated by law to be a felony. See Michigan Laws 780.621Misdemeanor: means a violation of any of the following:
(i) A penal law of this state, another state, an Indian tribe, or the United States that is not a felony. See Michigan Laws 780.621state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) For purposes of a petition to set aside a conviction under section 1 or 1e, more than 1 felony offense or more than 1 misdemeanor offense must be treated as a single felony or misdemeanor conviction if the felony or misdemeanor convictions were contemporaneous such that all of the felony or misdemeanor offenses occurred within 24 hours and arose from the same transaction, provided that none of those felony or misdemeanor offenses constitute any of the following:
(a) An assaultive crime.
(b) A crime involving the use or possession of a dangerous weapon.
(c) A crime with a maximum penalty of 10 or more years’ imprisonment.
(d) A conviction for a crime that if it had been obtained in this state would be for an assaultive crime.
(2) As used in this section, “dangerous weapon” means that term as defined in section 110a of the Michigan penal code, 1931 PA 328, MCL 750.110a.