Legal Question in Criminal Law in Michigan

Child Abusers

What is the legal ramifications for child abusers? How much time do they get,etc what changes do they go through if any?


Asked on 5/26/03, 5:58 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Child Abusers

A precise answer can't be given because several important factors are not known: what is the person charged with, what is he/she convicted on in this case, what is his/her prior record, what are the facts of the case, what are the sentencing tendencies of the assigned judge, etc.

The 'legal ramifications' for child abusers depend partly on what crime(s) they are convicted on. There are 4 degrees of child abuse; two are felonies, two are misdemeanors. Go to http://www.co.eaton.mi.us/ecpa/define.htm#C to see the differences. The penalties listed are the maximum the defendant can get, but judges can impose lesser sanctions that can combine incarceration and probation and fines (if prescribed for that charge).

Felony convictions can result in a probation period up to 5 years, which might also include time behind bars, counseling, community services, etc. Misdemeanor convictions can include probation up to 2 years, plus jail, counseling, etc.

Of course, if the defendant is convicted on other related offenses -- A&B, domestic violence, aggravated assault, etc -- the penalties for those charges control.

As far as "what changes they go through", that can never be predicted. "Rehabilitation" is considered and factored into most sentences. If the defendant can be rehabilitated (eg, future behavior changed), then most judges will try to help. But, it's like the old saying, you can court-order the defendant to go to the watering trough, but you can't make him drink it. Only that individual can decide what he'll do in the future.

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Answered on 5/29/03, 1:37 pm


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