When it comes to Michigan’s Holmes Youthful Trainee Act (HYTA), people are always enticed to find out about how certain things are done. When a young adult or a child commits a crime, the best thing that we can do is to show them that they can still redeem themselves.
Through the Michigan’s Holmes Youthful Trainee Act (HYTA) as well as the other laws that aim to provide a second chance to young adults, we give more chances for them to reach their full potential.
With that, let us look at some of the eligible crimes that you can apply for under Michigan’s Holmes Youthful Trainee Act (HYTA).
The Most Prevalent Crimes Eligible For HYTA
In this section, let us look at the most prevalent crimes eligible for HYTA.
Assault crimes are some of the more common crimes that get applied for in HYTA. Assault crimes involve the intentional and non-accidental use of force or the threat of force. Most of the assault crimes in HYTA are approved only when there is a showing that the intent is not to fully harm or cause great bodily injury to the recipient.
However, the following are the assault crimes that may be eligible for HYTA application:
- Assault with intent to do great bodily harm – this comes with a penalty of 10 years imprisonment
- Assault by strangulation, suffocation- this comes with a penalty of 10 years imprisonment
- Assault with a dangerous weapon – this comes with a penalty of 4 years imprisonment
- Aggravated assault – this comes with a penalty of 1 year in jail (misdemeanor)
- Assault and battery- this comes with a penalty of 90 days in jail (misdemeanor)
- Domestic violence 1st offense – this comes with a penalty of 93 days in jail (misdemeanor)
- Domestic violence 2nd offense – this comes with a penalty of 1 year in jail (misdemeanor)
- Domestic violence 3rd offense – this comes with a penalty of 5 years imprisonment (felony)
- Other assault crimes include child abuse and assault with the intent to commit criminal sexual conduct.
Keep in mind that not all Assault and Battery cases are entitled to the HYTA benefits and privileges. When the crime is punished by life imprisonment or higher, it is not eligible for the privilege of the HYTA status.
Check Crimes for Insufficient Funds
Check Crimes for Insufficient Funds are also considered as very prevalent HYTA crimes. Writing a check against an account with insufficient funds is considered fraud. It creates an inference that the party already knows the insufficiency of the funds and the intention to defraud or cheat someone is imminent.
Generally, a bad check is charged as a misdemeanor or a felony, depending on the dollar amount of the check involved.
The law is clear in MCL 750.131 which provides the following: A person shall not make, draw, utter, or deliver any check, draft, or order for the payment of money, to apply on account or otherwise, upon any bank or other depository with intent to defraud if the person does not have sufficient funds for the payment of the check, draft, or order when presentation for payment is made to the drawee. This subsection does not apply if the lack of funds is due to garnishment, attachment, levy, or other lawful cause and that fact were not known to the person when the person made, drew, uttered, or delivered the check, draft, or order.
Computer crimes are also very prevalent crimes that get applications for HYTA. The use of a computer for a crime turns the act into a computer crime.
In the state of Michigan, it is MCL 750.145d that is the controlling provision. This Michigan statute contains the provisions and penalties for using a computer to commit a crime. It also covers all other inappropriate activities that an individual may do with the use of a computer.
Disorderly conduct is also considered as an act that falls under any of the following acts:
- A person who refuses or neglects to support his or her family is considered guilty of disorderly conduct.
- A common prostitute is guilty of the crime as well.
- A window peeper is also considered guilty of disorderly conduct.
Since the law considers disorderly conduct that may be corrected, it is open for HYTA applications for those eligible if the crime they committed and plead guilty to is merely disorderly conduct. This makes disorderly conduct one of the crimes that are commonly applied by individuals.
Other crimes are often applied for in the HYTA application of people but these are the more common ones.
Do I need a lawyer to handle my HYTA case?
Yes, you need to have a lawyer who can handle your case especially in terms of the legal geography and the strategy that you need to play for you to get a favorable HYTA decision from the court.
Keep in mind that granting you this status is not mandatory on the part of the court but it is discretionary. There are still requirements and terms that you should comply with for you to get the protection that is provided for by the HYTA status.
Let Haque Legal Help You With Your HYTA Application
Now that you know some facts about dealing with HYTA, you must begin the process. Keep in mind that for HYTA applications, time is of the essence and you need to prove the existence of certain factors and specific terms that would apply in your case. While our law firm is dedicated to making sure that those who are innocent will be protected by the law and the full extent of justice will be used, we also aim on helping out people with their needs for a second chance. We can help you with your HYTA needs.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out.
If you need a lawyer to help you during your proceedings, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.