Michigan Misdemeanor Assault, Assault and Battery, Aggravated Assault,
Domestic Violence - The Sentencing Process...
Michigan Misdemeanor Assault: a term including (simple) Assault, Assault & Battery, Aggravated Assault, and Domestic Violence has a far less complicated sentencing structure than the more serious crimes of Assault. Following is a simplified outline of the sentencing process that you will experience if you are convicted of a Michigan Misdemeanor Assault.
If: 1) you plead guilty or no contest to a Michigan Misdemeanor Assault charge, as described above, without going to trail, or 2) are found guilty by a Judge or Jury, of a Michigan Misdemeanor Assault charge, as described above as the result of a trial, you will be sentenced by the Judge. At the moment that either of these two events occurs, you become a "convicted misdemenanant".
If you decide to enter a Plea, your plea will normally be taken at a Pretrial Conference.
Does the Judge sentence immediately upon plea agreement? The answer to this question depends largely on the preferences of the Judge. In some Courts, (i.e. 35th District in Plymouth) you can elect to have a "traditional" sentencing or a "non-traditional" sentencing, whereby your assigned Probation Officer designs the terms and conditions of your sentence and you are not required to appear before the Judge again unless you disagree with the terms of the sentence. However, some Judges do sentence immediately upon conviction/plea.
If it is the Judge's decision not to immediately sentence you, it is generally for a couple of specific reasons:
1) (S)he may prefer that you first report to the Court Probation Department to be interviewed, allowing the Probation Officer the opportunity to put together a Presentence Investigation Report (PSI) making recommendations based on the facts of your crime and your rehabilitative needs.
2) The complaining witness (particularly in Domestic Violence cases) may be actively participating in the case and may wish to offer their input under the Michigan Crime Victims Rights, Act.
But, whether sentenced immediately after your conviction, or at a later scheduled Sentencing Hearing date, the process of sentencing is generally the same for all Michigan Misdemeanor Assault cases.. The Prosecutor, with or without input from the Probation Department, will generally argue that your sentence should be harsher than you would like, with the exception of a entering a plea deal (which optimally should have the Judge's pre-approval where possible). Your criminal defense attorney will argue for the most lenient sentence possible. And, although your criminal defense attorney may be able to convince the Judge to offer you a payment plan, the general rule is that all costs, fines and other assessments are due at the time of sentencing.
In the event that you enter a plea or are found guilty as the result of trial, the sentencing process is your last hope to achieve an end-result that will have minimal impact on your finances, your freedom and your future. Only you will suffer if your defense lawyer is less than prepared!
Fortunately, there are many, many things that an effective Michigan Criminal Defense Attorney can accomplish for you when he is a knowledgeable, experienced, and dedicated lawyer. One who has spent years fighting this fight for his clients. One who focuses on this type of criminal law and is prepared for the critical moments. Someone like Brian J. Prain.
Call PRAIN LAW, PLLCfor a free consultation at (248) 731-4543. All calls and/or electronic forms of communications are privileged and confidential.