Michigan Criminal Lawyers Blog
Original Case Details
Michelle York, a 33-year-old woman from Wyandotte was arrested and charged after allegedly pulling a gun on a DoorDash delivery driver and firing at him during a dispute. The driver spoke with police and stated that York became angry regarding her order from McDonalds and allegedly pulled a gun and fired shots at him. The gun allegedly misfired on the first shot, and York then attempted to fire at the driver two more times and missed both times. Police responded to the scene, and after a short standoff, the woman was taken into custody. She was charged and arraigned on seven felony charges related to the incident. York’s bond was set at $100,000/10% which was later posted, and York was released from custody. As a condition of her bond, she is required to be monitored through an electronic GPS tether. She continues to be out of custody and monitored by a tether as of this writing.
What are the Woman’s Criminal Charges for Allegedly Shooting at Driver?
York stands charged with seven felonies. Each of these charges have different allegations and different potential penalties; they are described below:
• Assault with intent to murder: This is also known as an attempted murder charge. This is a capital felony charge which carries a maximum possible penalty of up to life in prison or any term of years as determined by a sentencing judge.
• Assault with intent to do great bodily harm less than murder: This is a felony charge that carries a maximum possible penalty of up to ten years in prison upon conviction, along with up to a $5,000 fine as determined by a sentencing judge.
• Felony firearm, 3 counts: This is a felony charge that carries a 2-year automatic sentence upon conviction. Sentencing guidelines do not apply to felony firearm charges as the judge is statutorily required to sentence a defendant to two years in prison upon conviction.
• Assault with a dangerous weapon aka Felonious Assault: This is a felony charge that carries a maximum possible penalty of up to four years in prison upon conviction, along with a fine of up to $2,000 as determined by a sentencing judge.
• Assault and battery: This is a misdemeanor charge that carries a maximum possible penalty of up to 93 days in the county jail, along with a fine of up to $500 as determined by a sentencing judge.
As long as York abides by her bond conditions, she will be allowed to stay out of custody while her case is pending. If she violates her bond in any way, then the $10,000 that was posted would be lost and she would be taken into custody.
What are the Next Steps in this Case?
York faces a preliminary examination hearing to see if her case will continue forward to Wayne County Circuit court for further proceedings and potential eventual trial. At the preliminary exam, the prosecutor will have to demonstrate to the Wyandotte District Court Judge that there is probable cause that these crimes were committed and further probable cause that it was York who committed them. Probable cause is demonstrated by calling and questioning witnesses in a way that is similar to a trial. There, however, is no jury and the judge is the only fact finder in the courtroom who ultimately makes a determination on probable cause. It is a very low standard, so most cases are bound over and continued in Circuit Court. Cases however can be dismissed at this level if a defense attorney is successful in convincing the District Court Judge that sufficient probable cause does not exist for the case to continue. It is important to note that news reports and other information about the case is not considered evidence. The only evidence that is considered in a criminal case is the evidence that is legally allowed to be heard and examined in court. The information that can be considered evidence is outlined in the Michigan Rules of Evidence. The Michigan Rules of Evidence govern what is and isn’t admissible evidence in criminal cases. It is important to get proper legal advice if you have any questions about what is and isn’t admissible evidence in your case.
Any Further Questions?
If you or a loved one is being investigated or accused of a gun crime, then it is important to speak to an experienced criminal defense attorney immediately. At Grabel & Associates, our attorneys have over 100 years of combined experience in successfully defending criminal cases all over the state of Michigan. We offer a FREE consultation to anyone with questions relating to a possible or existing criminal charge against them or a loved one. Feel free to contact us on our 24/7 defense line at 1-800-342-7896. You can also contact us online or come visit us at one of our three statewide locations. We can also come to you.