Penalties for Third Offense Battery

[allenwoods]

My question involves criminal law for the state of: michigan

accourding to mcl 750.81, a third conviction against a spouse is up to 5 years and $5,000 in fines.

now it doesnt say what it would be in the event that it was not against a spouse.

also, in order to be a habitual offender, would you have to be convicted of the same crime more than once, or be convicted of SIMILAR crimes more than once?

im asking because my ex is being charged with assault and battery.

they may or may not take her previous convictions because she was minor. but the first was assault with a deadly weapon and the other was assault on an officer.

just trying to see what she is up against as i am going to be going after custody of our child since this is obviously not her first violent stunt. and there are many more not on record.

alos, if the assault was on a 17 year old and the assaulter is in her 20's does that go against her more because she assaulted and battered a minor?

any information you would have on this kind of proceedings would be very helpful. thank you in advance,.

[Mr. Knowitall]

You appear to be stating that your ex- committed domestic violence against you, and has a record as a "minor" for charges for non-DV offenses. The non-DV cases are not prior DV convictions.

(4) An individual who commits an assault or an assault and battery in violation of subsection (2), and who has 2 or more previous convictions for assaulting or assaulting and battering his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household, under any of the following, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both....

If by "minor" you mean age 17, then those are adult convictions. If you are referencing juvenile court, they are adjudications and are not convictions.

If this is a first offense simple DV charge, she may be eligible for a deferral if in fact the prior charges resulted in juvenile adjudications. A prior conviction of an assaultive crime would render her ineligible for a deferral under MCL 769.4a.

Even without habitualization a prior record can affect what sentence a person receives, with courts tending to increase the penalty with each new crime.

Although domestic violence is relevant under Michigan's child custody best interest factors, it's only one factor. The full facts, as well as the court's analysis of the other factors, are relevant.

[adjusterjack]

My take on reading the statutes is that battery of different people would each be a misdemeanor.

There may be other two or three strike laws pertaining to all crimes but you'll have to dig deeper for them.

If your goal is to keep your child away from a violent parent I suggest that it would be worth a few hundred bucks to sit down with a criminal attorney and get an expert opinion.

[allenwoods]

You appear to be stating that your ex- committed domestic violence against you, and has a record as a "minor" for charges for non-DV offenses. The non-DV cases are not prior DV convictions.

If by "minor" you mean age 17, then those are adult convictions. If you are referencing juvenile court, they are adjudications and are not convictions.

If this is a first offense simple DV charge, she may be eligible for a deferral if in fact the prior charges resulted in juvenile adjudications. A prior conviction of an assaultive crime would render her ineligible for a deferral under MCL 769.4a.

Even without habitualization a prior record can affect what sentence a person receives, with courts tending to increase the penalty with each new crime.

Although domestic violence is relevant under Michigan's child custody best interest factors, it's only one factor. The full facts, as well as the court's analysis of the other factors, are relevant.

soory, i think you misunderstood. i can only find habitual offender laws for domestic assault.
but in her case, all three assaults are not DV.