WHAT IS MICHIGAN DOMESTIC VIOLENCE OR ASSAULT?
Assaultive crimes can come in various forms and degrees, meaning that one act can encapsulate numerous assaultive crimes. Within this umbrella of assaultive crimes lies the crime known as Michigan domestic violence or assault and applies when a person is in a dating relationship with the individual assaulter.
Michigan Domestic Violence or Assault, as mentioned above, must fall under the definition of a “dating relationship” in order for the Michigan domestic violence or assault statute to be applicable. The definition covers more relationships than the direct “dating reltionship;” however, in many instance Michigan Domestic Violence or Assault will occur between individuals dating or have dated one another. The actual definition covers an individual who commits an assault or assault and battery on his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of the same household then he or she is in a “dating relationship.” See MCL § 750.81a(3).
If convicted under Michigan Domestic Violence or Assault statute an individual faces a 1-year misdemeanor and/or $1,000.00 fine. Those convicted previously of an assaultive crimes will face a 2-year felony with a possible $2,500.00 fine. Any subsequent conviction used for enhancing the sentence for a Michigan Domestic Violence or Assault crime will also include general assaultive crimes. It is imperative, if not essential, to contact a criminal defense attorney when an individual faces a Michigan Domestic Violence or Assault crime because these conviction can and will have a life-long impact.
Michigan Domestic Violence or Assault Deferral
Those individuals facing a Domestic Violence charge and/or conviction for the first time can obtain by statute a deferral for that particular charge. In order to qualify for this deferral for Michigan Domestic Violence an individual cannot have a prior conviction of an assaultive crime (including Michigan Domestic Violence or Assault). If granted and qualifying an individual can receive an automatic expungement of the Michigan Domestic Violence or Assault charge upon successfully completing probation and all ordered terms.
MCL 769.4a specifically states and authorizes the use of this deferral by the court, without entering a judgment of guilt and with the consent of the accused and of the prosecuting attorney in consultation with the victim, to defer further proceedings in an assault and battery case when an individual who has not been convicted previously of an assaultive crime pleads guilty to, or is found guilty of, assault and battery under MCL 750.81 AND 81A.
Remember, to qualify the victim of the assault must be the offender’s spouse or former spouse, an individual who has a child in common with the offender, an individual who has or has had a dating relationship with the offender, or an individual residing in the same household as the offender, and thus be a Michigan Domestic Violence or Assault. Also REMEMBER THIS DEFERRAL can be utilized only if the accused has no prior assaultive conviction. For law enforcement purposes, although a judgment of guilt is not entered, the arrest and the disposition by utilization of the deferral statue will appear on the criminal record of the defendant.
Whenever you are faced with a Michigan Domestic Violence or Assault crime or any other Michigan criminal misdemeanor or felony contact Josh Jones today. He maintains a full-service Criminal Defense Law Firm 7-days a week, so he always has your back. REMEMBER NEVER RELY ON ANY COMMENTS, STATEMENTS, OPINIONS OR OTHERWISE STATED HERE OR ON ANY OTHER WEBSITE WHEN ATTEMPTING OR TRYING TO REPRESENT OR DEFEND YOURSELF IN A COURT OF LAW. ALWAYS CONTACT AND HIRE COUNSEL. LAWYER-UP.