Michigan Misdemeanor Assault Sentencing is Far Less Complicated Than Felony
Sentencing...
Here is a simple outline of the Michigan Misdemeanor Assault Sentencing Structure:
1. When facing Michigan Misdemeanor Assault Sentencing you will be sentenced bye Judge when:
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- You plead Guilty or No Contest to a Misdemeanor charge of Assault, Assault and Battery, or Domestic Violence without going to trial; or
- You are found guilty by a Judge, or a Jury of your Peers, of a Misdemeanor charge of Assault, Assault and Battery, or Domestic Violence, at your trail.
- When either one of these two events occur, you are now a "Convicted Misdemeanant". Note: If you decide to enter a plea, your plea will normally be taken at a Pretrial Conference.
2. Does the Michigan Misdemeanor Assault Sentencing process require sentencing at the time of the plea/conviction or can it be done at a later date?
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- This decision depends largely upon the Judge. When facing Michigan Misdemeanor Assault Sentencing in some courts, for example: the 35th District Court in Plymouth, you may elect to have a traditional or non-traditional sentencing. Whereby, either the Judge can sentence you immediately after conviction; or, the Probation Department designs the terms of your sentence and you would only be required to appear before the Judge (with your attorney) if you disagreed with the terms of your sentence.
- If your Judge does not immediately implement the Michigan Misdemeanor Assault Sentencing, generally its for one of two reasons: 1. He prefers that you meet with the Probation Department to be interviewed for what is known as a "Presentence Investigation Report" before Michigan Misdemeanor Assault Sentencing is determined. A Probation Officer would make recommendations based on the facts of your case plus what they determine your rehabilitation needs to be. 2. The complainant (victim) may be exercising his/her right to participate in this aspect of the case, and offering input under the Michigan Crime Victim Rights, Act.
3. Generally, at a Michigan Misdemeanor Assault Sentencing, the Prosecutor, with or without input from the Probation Department, will generally argue that your sentence should be harsher than you might think (unless your attorney has negotiated a plea deal that includes a recommended sentence - this should be predetermined with the Judge's approval where possible).
4. You will have a chance to speak on your own behalf, if you wish.
5. Although your Criminal Defense Attorney may be able to convince the Judge to offer a payment plan, generally all costs, fines and other assessments are due at the time of sentencing.
6. In the event that you enter a Plea or are found Not Guilty at your Trial, the Michigan Misdemeanor Assault Sentencing process is your last hope to achieve anend result that has minimum impact on your finances, your freedom, and your future. Only you suffer if you go in less than prepared!
There are many, many things that a good Michigan Criminal Defense Lawyer - one whose focus in on these kinds of cases - will be able to do in preparation for this final critical moment. The Michigan Misdemeanor Sentencing, is as important an element as any other, in our representation of you. Contact Prain Law, PLLC by calling (248) 731-4543, or complete the form. We offer free consultations.