How to keep your Domestic Violence Conviction off your record in Michigan
Domestic Violence, sometimes referred to as Domestic Assault can damage your reputation if it’s on your record. Unless you have been previously convicted of Domestic Violence in Michigan, it is the same charge under MCL 750.81(2), with a potential sentence of up to 93 days in the County Jail and/or up to a $500 fine for first time offenders.
Michigan law defines Aggravated Domestic Violence as an act of Domestic Violence which results in a serious or aggravated injury, punishable by up to an entire year in the COunty Jail and/or up to a $1,000 fine.
Whether you are facing Domestic Violence or Domestic Assault charges, Simple or Aggravated, there are two primary goals: 1) not going to Jail; and 2) ensuring that your Michigan Domestic Assault charge doesn’t have lasting damage on your life. As it turns out, Michigan Domestic Violence law has a special provision that can help realize these objectives without having to go to Trial.: the Michigan Domestic Assault Deferral.
The million dollar questions is whether or not you are eligible for this unique, once-in-a-blue-moon Deferral deal? Below you will discover a checklist of requirements that must be met for your Domestic Violence charge to be deferred.
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You must have been convicted in the current case of either Domestic Violence, 1st offense, or Aggravated Domestic Violence, 1st offense, regardless of whether your conviction is the result of a plea or a verdict of guilty after a trial.
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You must have "not been convicted previously of an assaultive crime" (i.e. any crime involving the word "assault," even a simple Assault and Battery from a scuffle at the local bar - but note that there is a difference between being "charged" and being "convicted," so have your Domestic Violence attorney check your Certified Criminal History to be sure).
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You must have never used this Domestic Violence Deferral deal before (the Court will check with the State Police for this, as well as any previous "assaultive crime" convictions as stated above).
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The Prosecutor must consent to this Domestic Violence Deferral after "consultation with the victim" (who has a right to express their opinion under Michigan's Crime Victim Rights Act, although they don't make the ultimate decision).
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You must consent to this Domestic Violence Deferral.
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The Judge must consent to this Domestic Violence Deferral in your case.
If you qualify for this Deferral under MCL 769.4a the Court "may defer further proceedings and place [you] on probation . . . without entering an adjudication of guilt." Then, "upon fulfillment of the terms and conditions [of probation], the Court shall discharge [you] and dismiss the proceedings against [you] . . . without an adjudication of guilt," such that you do not have any "conviction . . . for purposes of [the usual] disqualifications or disabilities imposed by law upon a conviction" for Domestic Violence or Aggravated Domestic Violence.
This means that if you complete the probation without violating its terms and conditions, the Court will erase the permanent record of Domestic Assault or Aggravated Assault so future employers will not see your charges.
Prain Law, PLLC is highly experienced at getting you Michigan's Domestic Violence Deferral under MCL 769.4a. If you are facing Michigan Domestic Violence or Aggravated Domestic Violence charges, there is no reason NOT to contact us confidentially for a free consultation to see how we might protect your freedom and your future!