Legal Question in Criminal Law in Michigan

if you are charged with assualt and battery does it get dropped down to domestic violence?

Asked on 6/27/11, 4:20 pm

3 Answers from Attorneys

Timothy Klisz Klisz Law Office, PLLC
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No, they are different crimes. Tim Klisz

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6/27/11, 4:58 pm
Neil O'Brien Eaton County Chief Assistant Prosecuting Attorney
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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.

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6/28/11, 5:27 am
Jules Fiani Law Offices of Jules N. Fiani
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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

www.jnfiani.com

810-227-7200

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7/03/11, 7:44 am

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