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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16044
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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During an argument at his house where my fiancee lived with

Customer Question

During an argument at his house where my fiancee lived with his parents, he pushed his mom when she wouldn't let him leave. When his dad saw this, his dad charged at him and tried to hit him. My fiancee lifted his arms in defense but did not try to hit back. After he got away from his dad, he picked up a bread knife and said that he couldn't take all the arguments at his house anymore (mostly the arguments between his parents that he just witnesses and/or hears about from his dad later) and that he should just kill himself. His parents told him that they were going to the police and have him arrested, then walked into the small room seperating the kitchen (where they now were) and the garage. After they closed the door, my fiancee took the knife and stabbed the door. In Michigan, what should we do?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  xavierjd replied 5 years ago.

Thanks for using JustAnswer.com

 

Has your fiancee been charged with a crime?

 

Have the police talked to him?

Customer: replied 5 years ago.

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.

Expert:  xavierjd replied 5 years ago.

Were the counts of misdemeanor battery(s) added and the felonious assault dismissed?

 

Does your fiancee have a lawyer?

Customer: replied 5 years ago.
Not yet, but from what the court appointed lawyer said it seems like that's what his mom wants.
Expert:  xavierjd replied 5 years ago.

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.

 

 

Good luck.

Customer: replied 5 years ago.
Actually I just found out that he is actually being charged with battery domestic violence, and he had no record of violence in the past, but what kind of probation and how long would he have to do it for, and should he really plea guilty of 2 counts when he only pushed his mom out of his way when she wouldn't let him leave to take a walk, and his dad actually hit him.
Expert:  xavierjd replied 5 years ago.

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.

Customer: replied 5 years ago.
He's actually been charged with 2 counts of battery domestic violence. I was just wondering if he should really plea guilty of both even though he didn't do anything at all to his dad, only pushed his mom out of the way, and what about the fact that his dad hit him?
Expert:  Zoey_ JD replied 5 years ago.
Your boyfriend has only one case, though it involves two counts. A non-incarceratory offer to resolve this case, as mentioned above by the previous expert, is a reasonable possibility, unless your fiancee already has a criminal history and has already had probation before. That offer, if he wanted to take advantage of it, would cover the whole case.

If he turns down an offer and tries the case, he would only get one trial, at which both his father and his mother would be separate complainants. Once all the evidence came out, he could be found guilty of both counts, of either count, or of no counts. What I'm saying is that even if a jury agreed that he didn't do anything to his dad, they could still convict him of doing something to his mother (or the other way around). In any case, he'd have to be found not guilty of both assaults in order to win at trial.

Generally speaking, once trial starts, pre-trial offers are off the table. After a conviction on a domestic violence matter, a non-incarceratory sentence would be very unlikely. So if there is a non-jail offer that wraps up the case, it's something that has to be considered carefully.

He will get a public defender who will advise him of the up and down sides of plea and/or trial before he makes a decision.

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice.
Customer: replied 5 years ago.
In your opinion, since he has been convicted of non-violent offenses and recently completed a 2 year probation sentence, if they offer him a plea deal involving no jail time should he take it? Also, since he has a criminal history, what else can we expect?
Expert:  Zoey_ JD replied 5 years ago.
Unfortunately, you've just changed the picture. If your fiancee has a criminal history and has already had a shot at probation, the DA may choose not to make him a probationary offer again, even though if his priors were not assaults, he would be technically eligible for such an offer. They are not required to give him a second break.

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16044
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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