I am being charged with domestic violence assault, in Michigan. I have a prior domestic violence charge also that happened 5 years ago. My first DV charge I took the 769.4a deferal plea, completed my probation and this charge is supposed to be off of my record right? I would like to know if my case coming up is going to count as my second domestic, or is it considered my first offense seeing as I took the deferal plea for my first charge about 5 years ago. I'm not sure what I will be charged with and would like to know what I could be facing, what i am considered 1st or 2nd offense, what is the minimum and maximum penalty? I believe I have been wrongly accused.
Answer
The case will be a first offense, but the court will know about the .769(4)(a), so punishment will be generally harder. Get a skilled attorney on board.
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