Resolution of Domestic Violence Pursuant to MCL 769.4a
An individual who assaults or assaults and batters 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 his or her household, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
There are several legal and collateral consequences associated with a domestic violence conviction as we explain in greater detail on our webpage entitled “domestic violence essential information”. Some of the consequences associated with a domestic violence conviction can follow a person forever and have devastating ramifications.
Contact ABDO LAW if you are being charged with domestic violence to discuss all of your options and to explore a strategy to get out of the court system without any conviction. CALL for a FREE confidential consultation: 586-412-5555.What Happens if I Get Sentenced Pursuant to MCL 769.4a?
If you are charged with domestic violence an outright dismissal or not guilty verdict is the best outcome that you can get in the court system. Short of an outright dismissal or not guilty verdict, getting a domestic violence case disposed of under MCL 769.4a can be a favorable option. The statute, MCL 769.4a, states as follow:
When an individual who has not been convicted previously of an assaultive crime pleads guilty to, or is found guilty of, a violation of section 81 or 81a of the Michigan penal code, and the victim of the assault is the offender's spouse or former spouse, an individual who has had a child in common with the offender, an individual who has or has had a dating relationship with the offender, or an individual residing or having resided in the same household as the offender, 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, may defer further proceedings and place the accused on probation as provided in this section.
What MCL 769.4a means is that a person charged with domestic violence can get the case DISMISSED after complying with a period of probation. MCL 769.4a is available in the discretion of the court, if a person pleads guilty or is found guilty and does not have any other assault crimes on his or her record. The terms of probation may include alcohol and drug, counseling and anger management classes.What Are the Pitfalls of MCL 769.4a?
MCL 769.4a is a good option when the domestic violence case is not a good case for trial because of aggravating circumstances, serious injuries to the victim, damaging testimony and evidence that will come out in the courtroom that could ruin the defendant’s reputation. Again, the major benefits of MCL 769.4a means that the case will be dismissed, and the record is sealed. However, there are pitfalls to MCL 769.4a as follows:
- A plea or verdict of guilty is required.
- The court may impose a no-contact order during the term of probation.
- The conviction will become permanent if the defendant does not comply with the terms of probation.
- Unless a domestic violence case is dismissed outright, it can still have a detrimental impact on a person’s future opportunities and employment.
- The plea or verdict of guilty is sealed but, it lasts forever.
- Records that are sealed never vanish or are completely erased.
- Firearm rights continue to be jeopardized.
There’s always more than one way to handle a criminal case. MCL 769.4a is just one way to handle a domestic violence. Some of the other options in handling a domestic violence case include:
- Getting a dismissal when the alleged victim insists on a dismissal, is not being threatened, is not in danger and does not want to testify.
- Amending or reducing an assault or domestic violence offense to a non-violent crime such as disturbing the peace or disorderly conduct.
- Going to trial before a judge or jury.
Let’s work together to get out of the court system without any strings attached. MCL 769.4a is not a bad deal but there is an umbilic cord that keeps you attached to the court building for a year. It also does not sit well with us entering a plea of “guilty” can linger long after the court case is concluded. Please visit our webpage Domestic Violence Essential Information which contains additional high-quality information about domestic violence cases.
Domestic violence cases are “public policy” cases. A public policy case is one where the prosecutor and the police are under pressure to take a stand on behalf of a certain group or cause. I can say that in every Michigan county, the prosecutor and police do not want to appear to be weak when it comes to domestic violence cases or any cases that involve vulnerable victims such as a battered spouse, a minor child or senior citizen.
Do not hesitate to contact us to discuss your domestic violence case. ABDO LAW offers convenient ways to retain us over the internet or by appointment. Same day and weekend appointments are available.
Call for a 100% confidential free consultation. Phone: 586-412-5555