In the continuation of our series of misdemeanor crimes that could turn into a felony, let us define more crimes in this article.
Domestic Violence/Assault 3rd Offense
The crime of domestic violence or assault is defined under Michigan law through the Michigan Domestic Violence Third Offense law, MCL 750.81(4) defines it as the following:
“An individual who commits an assault or an assault and battery in violation of subsection (2), and who has 2 or more previous convictions for assaulting or assaulting and battering his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household, under any of the following, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both…”
In this part, it is important that the individual involved already has two or more convictions for assault or assault and battery or domestic violence. The first two conditions may be considered as misdemeanors and do not have the same level of penalties as the third offense but when it is the third offense that happens it is already considered as a felony and the individual is facing stiffer penalties.
If you are already on your third conviction the most important thing that you need to do is to make sure that you get the best legal advice that you possibly can. The right legal aid and her presentation could make or break your permanent record
Assault with Intent To Commit Sexual Penetration
Under Michigan law, “Sexual Penetration” is defined as the following.
- When there is entry into the genital opening or anal opening by any part of the accused’s body, including their penis, finger, tongue, or some other object. Any entry, no matter how slight, is enough. It does not matter whether the sexual act was completed or whether semen was ejaculated;
- When there is entry into the mouth by the accused’s penis. Any entry, no matter how slight, is enough. It does not matter whether the sexual act was completed or whether semen was ejaculated;
- When there is touching of the Complainant’s genital openings or genital organs with the Defendant’s mouth or tongue.
Based on the following definitions sexual penetration does not need to be an entry through the genital opening or the anal opening as long as it is an orifice there is already a considerable sexual penetration.
In the crime of Assault with Intent To Commit Sexual Penetration, a conviction could mean that you will be recorded under the Criminal Sexual Conduct (CSC) conviction. This means that if you are considered as a sexual offender it will follow you everywhere you go which is why we always recommend that you get the best lawyer when you are being charged with a felony of assault with intent to commit sexual penetration.
There are some instances where the individuals would want to have the best kind of legal defense and we believe that you would need it if you are charged with the crime of assault with intent to commit sexual penetration in the state of Michigan.
What does using force mean?
In the State of Michigan, using force is defined properly in the law. It includes the following acts:
- When the actor overcomes the victim through the actual application of physical force or physical violence.
- When the actor coerces the victim to submit by threatening to use force or violence on the victim, the victim believes that the actor has the present ability to execute these threats.
- When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor can execute this threat. As used in this subdivision, “to retaliate” includes threats of physical punishment, kidnapping, or extortion.
- When the actor engages in the medical treatment or examination of the victim in a manner or for purposes that are medically recognized as unethical or unacceptable.
- When the actor, through concealment or by the element of surprise, can overcome the victim.
*This section is lifted directly from the law to prevent any misinterpretations.
Defending Domestic Violence or Assault and Battery
If you have committed domestic violence or need help prosecuting one, it is important to know that you also have a team that can help you out with your specific needs. The legal consequences of domestic violence are dire and must be addressed as soon as possible. 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.
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’ve been charged with a domestic violence crime you need a criminal defense lawyer on your side, 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. If you merely defended yourself, you need to prove that you have done self-defense and nothing else.
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