Misdemeanor Defense in Michigan

What This Means for You: Assault and battery charges range from simple assault (threat of harm) to actual physical contact. Even minor altercations can result in criminal charges with serious consequences including jail time, fines, and a permanent record.

Types of Assault Charges

• Simple Assault: Threat or attempt to cause harm (93 days, $500 fine)
• Assault & Battery: Actual unwanted physical contact (93 days, $500 fine)
• Aggravated Assault: Assault with weapon or serious injury (1 year, $1,000 fine)
• Domestic Violence: Assault against household member (93 days first offense, 1 year second)

Common Defenses

• Self-Defense: You were protecting yourself from imminent harm
• Defense of Others: Protecting another person from attack
• Lack of Intent: Contact was accidental, not intentional
• False Accusation: Alleged victim is lying or exaggerating
• Insufficient Evidence: Prosecution cannot prove case beyond reasonable doubt

Domestic Violence Consequences

• Mandatory arrest policies in Michigan
• No-contact orders preventing you from going home
• Loss of firearm rights
• Impact on child custody proceedings
• Enhanced penalties for repeat offenses

What This Means for You: Operating While Intoxicated (OWI) is Michigan's drunk driving law. A conviction results in license suspension, fines, possible jail time, and dramatically increased insurance rates. Even a first offense has serious consequences.

OWI Offense Levels

• OWI First Offense: Up to 93 days jail, $500 fine, 6-month license suspension
• OWVI (Impaired): Lesser charge, up to 93 days jail, 90-day restricted license
• OWI Second Offense: Up to 1 year jail, $1,000 fine, 1-year license revocation
• OWI with Child: Enhanced penalties if child under 16 in vehicle
• Zero Tolerance (Under 21): Any BAC over .02% results in charges

Defenses to OWI Charges

• Improper Stop: Officer lacked reasonable suspicion to pull you over
• Faulty Breathalyzer: Device not properly calibrated or maintained
• Improper Administration: Field sobriety tests not conducted correctly
• Rising BAC: Alcohol still absorbing, BAC lower while driving
• Medical Conditions: Diabetes, GERD, or other conditions affecting tests

License Consequences

• Administrative Suspension: Immediate suspension upon arrest
• Implied Consent: Refusing breath test results in 1-year suspension
• Restricted License: May be available for work/school
• Ignition Interlock: Required for some offenses

What This Means for You: Retail fraud (shoplifting) is theft from a store. The severity of charges depends on the value of merchandise. Even first-time offenders face criminal records that can prevent employment in retail, healthcare, and other industries.

Degrees of Retail Fraud

• Third Degree: Under $200 value (93 days jail, $500 fine or 3x value)
• Second Degree: $200-$1,000 value (1 year jail, $2,000 fine or 3x value)
• First Degree: Over $1,000 value (felony, 5 years prison)
• Organized Retail Crime: Enhanced penalties for theft rings

What Constitutes Retail Fraud

• Concealment: Hiding merchandise with intent to steal
• Price Switching: Altering price tags or labels
• Container Fraud: Placing expensive items in cheaper containers
• Fraudulent Returns: Returning stolen merchandise for refund
• Self-Checkout Fraud: Not scanning all items

Defenses to Retail Fraud

• Lack of Intent: You forgot to pay, didn't intend to steal
• Mistaken Identity: Store security identified wrong person
• False Accusation: No evidence you concealed merchandise
• Illegal Detention: Store security violated your rights
• Insufficient Evidence: No video or witnesses

Civil Demand Letters

Stores often send civil demand letters seeking $200+ even if you weren't convicted. These are separate from criminal charges. We can advise whether to pay or ignore these demands.

What This Means for You: MCL 769.4a allows first-time offenders to avoid a conviction by successfully completing probation. If you complete all requirements, the charges are dismissed and you have no criminal record. This is a second chance that can save your future.

Eligibility Requirements

• First Offense: Never been convicted of a felony or misdemeanor
• Eligible Crimes: Most misdemeanors and some felonies qualify
• Prosecutor Consent: Prosecutor must agree (we negotiate this)
• Judge Approval: Judge has final discretion
• Not Available For: Traffic offenses, CSC, domestic violence (usually)

How Delayed Sentence Works

1. Plea Agreement: You plead guilty or no contest
2. Sentence Delayed: Judge delays sentencing and places you on probation
3. Probation Period: Typically 6-18 months with conditions
4. Complete Requirements: Follow all probation rules
5. Dismissal: If successful, charges dismissed - no conviction
6. Clean Record: You can honestly say you've never been convicted

Typical Probation Conditions

• Report to probation officer monthly
• Pay fines, costs, and restitution
• Complete community service
• Attend counseling or classes
• Submit to drug/alcohol testing
• No new criminal offenses

What If You Violate Probation?

If you violate probation terms, the judge can revoke delayed sentence and convict you of the original charge. This is why it's critical to take probation seriously and comply with all requirements.