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Has your fiancee been charged with a crime?
Have the police talked to him?
When his parents got back with the police, they immediately called him out of the house. He walked out with his hands up, and they threw him on the ground and arrested him for felonious assault. His parents didn't want to testify, but when we went to his first court date, they said that they needed to call them in anyway. After they got there, 2 counts of misdemeanor battery were added.
Were the counts of misdemeanor battery(s) added and the felonious assault dismissed?
Does your fiancee have a lawyer?
Thanks for the information.
Your fiancee REALLY needs to speak to his court appointed attorney. Since felonious assault is a felony punishable by up to 4 years in prison, gettting that charge dismissed in favor of battery charges is great. Battery is a misdemeanor punishable by up to 93 days in jail and up to a $500 fine plus costs.
If your fiancee has never been charged with an assaultive crime before, if his lawyer could plea bargain the case to battery domestic violence, he could possibly end up with no record if he pled guilty and successfully completed a term of probation. The statute that allows that type of resolution in Michigan is MCL 769.4(a)
But.....the outcome will be determined by your fiancee's attorney and the prosecuting attorney w/ the input of his parents.
If a favorable resolution can't be worked out, your financee can always take the matter to trial.
If there is already discussion of dismissing the felonious assault, and amending the charges to battery, that's a good sign.
If he has been charged with one count of battery domestic violence, if he pleads guilty, he may be eligible for MCL 769.4(a), which I stated would allow your fiancee to completete a probationary term, and if he is successful, the charge would be dismissed.
Probation is discretionary with the judge. It could be for up to 2 years, although many times the probation is for 1 year. It can include terms such as no convictions, complete anger management, no drugs or alcohol and random testing, community service, and your fiancee's mother may request that he have no contact with your mom. He may also have to pay up to a $500 fine plus court costs. If he completes all of the terms as set forth, the case can be dismissed.
If he doesn't complete the terms, the conviction would enter and he could go to jail for up to 93 days.
Again, Good Luck.
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