Michigan Criminal Lawyers Blog
Daniel Allen Hall, a 28-year-old Mt Morris man convicted of sexually assaulting his six-month-old daughter, recently had his life sentence overturned by an appeals court, according to news reports at Mlive.com. Now, Hall has been resentenced to between 25 and 50 years in prison by Genesee Circuit Judge Geoffrey Neithercut, who previously sentenced Hall to life behind bars. The Michigan Court of Appeals ruled that Neithercut’s life sentence was improper due to the fact that he exceeded the sentencing guidelines but did not explain his reasons for doing so on the record.
Hall did admit to sexually abusing his infant daughter, a crime that Genessee County Prosecutor David Leyton called “heinous.” Hall was sentenced to life in prison in November of 2012. He was charged with first-degree criminal sexual conduct, communicating with another individual using the Internet to commit a crime, distributing child sexually abusive materials, and child sexually abusive activity Judge Neithercut told Hall at the time of the sentencing that, “In my 26 years as a judge I have seen dangerous people. I regard you as one of the most dangerous.”
Michigan’s state sentencing guidelines call for up to 15 years in prison, however when a victim is younger than 13 the law requires the defendant be sentenced to a minimum of 25 years for first-degree CSC. Daniel Bremer, Hall’s defense attorney, noted that his client’s new sentence still exceeded the guidelines. Hall plans to appeal his conviction according to Bremer.
Hall’s, wife was convicted by a jury on charges of first-degree CSC after they found she photographed the abuse of the couple’s infant daughter. She was sentenced to 25 to 40 years in prison. Alisha Hall alleged that her husband threatened to hurt her and the baby if she did not agree to participate in the abuse.
While any Michigan criminal appeals attorney would agree that sexually assaulting an infant child is indeed heinous, judges must give a reason on record when departing substantially upwards of the state sentencing guidelines. Even for attorneys, law enforcement, and officials of the court, there are rules that must be followed. When mistakes are made, a defendant may have solid grounds for filing an appeal of the sentence or conviction.
If you have been unfairly sentenced or convicted of a crime you did not commit, consult with a highly experienced Michigan criminal appeals lawyer who will work aggressively to achieve good results.