Legal Question in Criminal Law in Michigan
My sister and I got into an argument which eventually led to her shoving and hitting me (I pushed her off of me, she lost balance and hit her face on the table). Since her kids were there and my child was not, the police told me I would be the one arrest. They were not going to arrest me at first but my sister had told them that I threatened her after they left, which never happened.
Anyhow, now I'm currently facing Domestic Violence charges (assault without the intent to harm) and I was curious if there was any way I could fight to reduce this charge to self defense. If that is not an option, is there any way I could have this expunged down the road? I do have other charges on my record but nothing of this nature and in order for me to get started on my career I cannot have ANY DV charges (I want to be an elementary teacher; have been in school for it for 3 years). Thanks for any help that can be given. I appreciate it.
4 Answers from Attorneys
Of course you have defenses available to you. We have successfully handled many domestic violence / self defense cases. If you want to have an experienced attorney fighting for you, call us at 1 866.766.5245
You can read more at www.AggressiveCriminalDefense.com
"Self defense" is not a charge whereby you can plead to a lesser. Is this a felony charge?
Of course you can plead to a lesser charge of assault don't know what good that does you. Looks like you are going to have to fight this one. I doubt that you can have any assaultive record at all as a teacher.
Call us for a free consultation we handle these cases state wide.
866 374 1199
You need a very good attorney to defend you. Your questions are many and can be explained when you conatct us. Sounds like you have a good defense. Feel free to call Daniel Hajji at 248.865.4700. Free Phone Consultation. We have dismissed almost all of our client's DV charges.
If you already have one or more conviction for a misdemeanor or felony anywhere, then if you are convicted of a crime in this case it cannot be set aside (expunged) under the current language in the court rules empowering courts to set convictions aside. It's "one to a customer" and the "one" must be that person's "one and only" conviction.
A bill is being considered now that could expand opportunities to set convictions aside, but it's not Law yet.
As mentioned in another reply, "self defense" is not a reduced 'charge' ... it is a legal defense to the crime. Essentially, it says that you committed the crime (assault) but had a legal excuse (necessary self-defense). The prosecutor must DIS-prove your self-defense claim beyond a reasonable doubt. Unless the prosecutor has a reasonable doubt going into a trial that this defense might be disproven (in which case the prosecutor should dismiss the charge, or negotiate a plea bargain), you'll probably have to go through a trial and the facts will be ferreted out through testimony and argument, and the jury will decide if your conduct should be excused. That's a gamble, of course.
You or your attorney might convince a prosecutor to plea bargain the case to a lower/different charge, such as disturbing the peace, or disorderly conduct / jostling, etc. This would probably not jeopardize the career you have worked so hard to begin ... but can fatally impact in an instant.
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