Domestic Violence Lawyer Mark Caldwell
Understanding the Updates to Michigan Law 769.4a and Its Expanded Scope
Michigan’s law, MCL 769.4a, has long provided an alternative route for individuals charged with certain domestic violence offenses. Designed to prioritize rehabilitation over punishment for first-time offenders, the statute offers an invaluable second chance to those who qualify. However, recent updates to this legislation have expanded its applicability, covering additional charges and making significant changes to the legal landscape for domestic violence cases in Michigan.
This blog will unpack MCL 769.4a, its purpose, eligibility criteria, the new updates, and their potential implications. Whether you’ve been charged, know someone who has, or simply wish to understand the law’s nuances, this guide offers a clear and thorough breakdown to help you stay informed.
What Is MCL 769.4a and Its Purpose?
At its core, MCL 769.4a is a deferral statute designed to give first-time offenders facing domestic violence charges an opportunity to keep their criminal records clean. Instead of handing down a conviction, the court defers proceedings and places the individual on probation. If the offender successfully completes all the court-ordered conditions during the probationary period, the case is dismissed, leaving no public record of the conviction.
The law aims to serve as a rehabilitative measure rather than a punitive one. The premise is that some offenders, especially first-timers, are more likely to benefit from counseling, anger management, and other interventions as opposed to jail time or a criminal record that could limit future opportunities for employment, housing, and other essential pursuits.
Where Does this Apply? You can transfer courts!
The new domestic violence programs in Kent County Michigan, have recent updates to the law impacting the charges that apply to Section 769.4a. The Judges and locations that handle these cases in the area we serve are Judge Faber and Judge Sterkenberg.
Judge Jennifer L. Faber – 61st District Court – 180 Ottawa Ave NW, Grand Rapids, MI 49503
Judge Amanda Sterkenberg – 62b District Court – 4740 Walma Ave SE, Kentwood, MI 49512
With the domestic violence program that they have in Kentwood and Grand Rapids, it is transferable. So if you’re charged in another court, we can request a transfer into their court.
Looking for Domestic Violence help?
If you have questions about the criminal defense process for domestic violence, you’re in the right place. Each case
is unique so if you are looking for counsel involving your specific situation, we’d encourage you to contact us for a free domestic violence legal consultation where Mark Caldwell will be able to address and answer any concerns you may have.
If you’re looking for more information, we encourage you to read more about common FAQ’s when faced with Domestic Violence.
Key Updates to MCL 769.4a
Recent amendments to the law have expanded its reach, making it applicable to a broader range of charges:
- Extended Coverage to Assaultive Crimes Beyond Domestic Violence: Now, in addition to traditional domestic violence charges, certain other assaultive offenses may qualify under MCL 769.4a if they meet the law’s relationship and context criteria. Some of these cases may include aggravated assault, interfering with electronic communication, stalking, assault & strangulation.
- Aggravated Domestic Violence Inclusion: The updates clarify that individuals charged with more severe domestic violence offenses, such as aggravated domestic violence, or 2nd domestic violence charge may also seek deferral under 769.4a as long as they meet the eligibility requirements.
- Tighter Probation Oversight: The updated law reinforces the importance of compliance with probation conditions, including stricter consequences for any violations during the deferral period. These requirements will be GPS monitoring devices and maintaining your sobriety with no drugs or alcohol. This could last up to 24 months but may be reduced with good behavior, this also includes a no contact order. The no-contact order could be lifted in the future depending on how you’re doing in the program.
These updates aim to balance offering a path to rehabilitation for those charged with domestic violence and ensuring survivors’ safety and justice.
Eligibility Criteria for MCL 769.4a
The deferral program is not open to everyone. To be eligible:
- Victim Consultation: The court must obtain the prosecutor’s consent, who in turn consults with the victim before approving the deferral.
- Agreement to Probation Terms: The accused must agree to adhere to all the terms and conditions of the probation, which could include counseling, substance abuse testing, and mandated anger management courses.
- No Prior Assaultive Convictions: The person must not have been previously convicted of an assaultive crime. This includes offenses like domestic violence, aggravated assault, and similar charges.
- Nature of the Relationship: The alleged crime must occur between individuals who meet specific relationship criteria, such as:
- Spouses or former spouses
- Individuals with a child in common
- Individuals in a current or former dating relationship
- Individuals who reside or have resided in the same household
Notably, MCL 769.4a can only be applied once. If a person has previously utilized this program, they will be ineligible in the future—even if they remain eligible for other forms of legal relief.
Benefits of the Law
For eligible offenders, MCL 769.4a provides several critical benefits:
- Avoiding a Criminal Record: Successfully completing the program results in the dismissal of the charges without a public criminal record.
- Access to Rehabilitation: Participating in counseling, anger management, or substance abuse programs can help offenders address underlying issues and reduce the likelihood of reoffending.
- Employment and Housing Opportunities: By avoiding a conviction, first-time offenders face fewer barriers when seeking jobs or housing, where criminal background checks are common.
- Sealed Record: While law enforcement and courts retain an internal record of the deferral, it remains nonpublic, reducing its impact on the participant’s daily life.
Potential Pitfalls and Challenges
Although MCL 769.4a offers significant advantages, it’s not without its challenges and risks:
- Probation Noncompliance: Failure to meet the probation terms—including attending mandated counseling or avoiding further legal trouble—will result in an adjudication of guilt and a criminal conviction.
- Permanent Records for Repeat Offenses: While the deferral program clears the first offense, it still counts as a prior conviction if the individual faces similar charges in the future.
- No Second Chances: Since the law can only be used once, participants must tread carefully to ensure they don’t squander this opportunity.
- Victim’s Role in Approval: If the prosecutor or victim withholds consent, securing eligibility can become a significant legal hurdle.
Caldwell Advice for Individuals Affected by These Changes
Understanding your options under MCL 769.4a is critical if you’re facing charges. Here’s what you need to know:
- Work with a Lawyer: Navigating domestic violence charges and the deferral process requires strong legal advocacy. An experienced attorney can guide you through negotiations with prosecutors, victim consultations, and compliance with court-ordered conditions.
- Seek Early Intervention: If you believe you may qualify for deferral, inform your lawyer early so they can build a case for your eligibility.
- Take Probation Seriously: Once entered into the program, adhere strictly to all probation conditions. Even minor violations can trigger severe consequences, including a conviction.
- Explore All Options: While MCL 769.4a may be a favorable resolution, it is not the only one. Consultation with a defense attorney can uncover other strategies, including plea agreements for lesser charges, trial options, or case dismissal.
Closing Thoughts
The recent updates to Michigan law 769.4a embody the state’s commitment to fostering rehabilitation and second chances while maintaining accountability for criminal behavior. By expanding the law’s reach, Michigan has increased opportunities for individuals to avoid a permanent mark on their records while encouraging resolution and recovery.
If you or someone you know is facing domestic violence charges and have questions about eligibility for MCL 769.4a, consult with Mark Caldwell, a knowledgeable attorney. Navigating the legal system can be daunting, but understanding the updates to MCL 769.4a and how they could apply to your case is the first step toward a brighter, fairer future.
Schedule a FREE consultation today, or call or text (616) 915-6576 to learn how Mark Caldwell can help you secure the best possible outcome for this updated domestic violence program.
