Domestic Violence charges generally involve Assault & Battery claims between two people who live or used to live together. Many times there are disputes as to the facts and allegations of self defense. The law in this area can be complicated. An attorney can often help explain the law and either negotiate a plea or conduct a trial. In some cases, the charges can even be dismissed.
So What Am I Being Charges With?
The charge of Domestic Violence is defined by statute, and can be thought of as:
- The Non-Consensual Offensive or Harmful Touching (Or placing another in the reasonable & imminent fear of a touching) Of Another
This is a generally a misdemeanor punishable by:
- A Maximum of 93 days in jail
- $500 Maximum Fine
- Court Costs
- Mandatory Counseling
- Community Service
- Up To 2 Years Probation
First Offenders and MCL 769.4a
A domestic violence first offender can take advantage of MCL769.4a to not have the plea or conviction dismissed after completing probation. Terms of probation can include all of the penalties listed above. After successful completion of probation, only a non-public record of the conviction will remain.
Why Would "769.4a" Help?
Treatment under "769.4a" may help you. Any conviction or plea taken pursuant to "769.4a" is not disclosed to potential employers. When looking for a job in a competitive market, this can be a huge benefit.
What Are The Draw-Backs?
A conviction under "7411" is not a dismissal and does have some drawbacks. Some of these include the following:
- A "769.4a" conviction can be considered by Courts in the future. A conviction taken pursuant to "769.4a" can be considered for future sentencing and/or scoring under the Sentencing Guidelines. Even though "dismissed" at the end of probation, the suppressed record may prevent you from obtaining a high security clearance and will likely prevent you from obtaining a CCW or even from purchasing a gun.
- You will be on Probation when granted "769.4a" status. You must complete Court Ordered Counseling and other terms of probation or the status will be taken away and the offense will be placed on your record. You will not have a new trial if the "769.4a" status is revoked.
