Assault & Battery Domestic violence (assault )

[IrishLPN]

My husband got into an argument with one of my daughters age 27 and he pushed her and she called the police . They asked if she wanted to press charges and she said no but the police sent in a report and the state of MI issued a warrant for his arrest. He was taken into custody and it's the weekend so now he has to sit in jail until Monday , the bail is $500 cash only which I don't have . My husband had a felony for assault years before I met him and he served 5 years in prison and then about 4 years ago he was charged with unlawful use of a motor vehicle .he got on a motorcycle that was being stored at my son-in-laws house and he had an accident and the guy who owned it reported it stolen which it actually wasn't. I need to know since he has had 2 prior felonies what can happen to him now that he has been charged by the state with Domestic Violence . Domestic violence is a misdemeanor right ?
So they can't use the 3 strikes law against him or can they?

 

[raskalnikov]

There is no 3 strikes law in Michigan.

What you described is probably a misdemeanor, but maybe not. At $500 with those priors, I'm leaning towards misdemeanor.

WHERE in Michigan are you? It's amazing how much of a difference the county can make.

If you can't afford the $500 for bail, does this also mean you'll be going with a court-appointed attorney?

 

[IrishLPN]

Niles MI southwest MI and yes he will have to have a court appointed attorney we are both unemployed and the daughter that had the fight with him lives with us

 

[IrishLPN]

I thought MI had a 3 strikes law

 

[IrishLPN]

My daughter was sent paperwork from the state to fill out it about the incident and had to mail it back she stated on there that she didn't press charges and that they normally get along and if she hadn't lied to me that her step-dad wouldn't have lost his temper. She stated that they normally get along and he has done alot for her and they are actually getting along even better now because they were communicating and they still issued a warrant . I HATE MICHIGAN

 

[raskalnikov]

. . . there are some crimes in Michigan that go up severely if you do them 3 times. Like, DUI is a misdemeanor the first 2 times, 3rd time is a felony.

Sometimes Michigan courts demand, before even pleading, that your husband stay a distance away from your daughter, in effect kicking him out of the house.

Even though a while ago, certainly not good that this will now be his second assault case.

Unfortunatley, I am unfamiliar with Niles. If you daughter won't be co-operative, etc., the sentence should be light, especially as it sounds like she wasn't physically harmed.

 

[Thor]

Domestic Violence usually requires that the people involved are in a physically intimate relationship. I question if being a step-anything qualifies. The cops don't usually know all the elements of a crime but they would have had to swear out an affidavit for a warrant, pass it by a prosecuting attorney and then be read (maybe) by a judge before signing a warrant.
These DV laws have resulted in broken up families. My daughter just went through the whole thing. Every case is going to be different but if your daughter refuses to testify or "forgets" details if under subpoena the case will be dropped. Then you need to get everything expunged for the local PD, the State Bureau of Investigation and the FBI as well as anything the DA might have. Much work, but worth it.