if you are charged with assualt and battery does it get dropped down to domestic violence?
3 Answers from Attorneys
No, they are different crimes. Tim Klisz
A&B and Domestic Violence are related crimes, but are on the "same level" -- meaning, both carry the same maximum penalties (up to 93 days jail and/or $500 fine for a first offense). So, even if an original DV charge was changed to A&B, it would have zero benefit to the defendant because the sentence would likely be identical. However, if the charge is Domestic Violence, there is a statute (MCL 769.4a) that may permit the court to dismiss the charge after successful completion of probation, if you meet all eligibility criteria.
You need to hire a lawyer if you are facing these charges...Feel free to call me regarding this question at 810-227-7200....over 30 years of experience in this area of the law.
Jules N. Fiani
Law Offices of Jules N. Fiani
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