MCL 750.81 - Assault and battery

SEE:
18 U.S.C. § 921 [ LAUTENBERG AMENDMENT / DOMESTIC VIOLENCE GUN BAN]http://michiganoidv.blogspot.com/2011/09/18-usc-921-domestic-violence-gun-ban.html

MCL 769.4A: MICHIGAN'S LOOPHOLE TO THE LAUTENBERG AMENDMENT


MCL 750.81a : MICHIGAN FELONY DOMESTIC ASSAULT CRIME
Shttp://michiganoidv.blogspot.com/2011/09/mcl-75081a-michigan-felony-domestic.html

MISDEMEANOR AND FELONY DOMESTIC ASSAULT CHARGES THAT CAN BE DISMISSED / DISCHARGED UNDER MCL 769.4a
http://michiganoidv.blogspot.com/2011/09/misdemeanor-and-felony-domestic-assault.html


MCL 750.81 are misdemeanor assault criimes. Under the Lautenberg Amendment / 18 U.S.C. § 921, a person convicted of a misdemeanor domestic violence assault cannot posses / own a firearm. However, under MCL 769.4a, a person charged with a misdemeanor domestic violence offense / MCL 750.81 can enter a guilty plea [under MCL 769.4a], resulting in the charges being dismissed. The guilty plea entered is not considered a conviction, "...for purposes of disqualifications...imposed by law upon conviction of a crime". [i.e. Domestic Violence Gun Ban under the Lautenberg Amendment /18 U.S.C. § 921].


THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
750.81 Assault and battery; penalties; applicability to individual using necessary reasonable physical force in compliance with MCL 380.1312 of the revised school code; “dating relationship” defined.

Sec. 81.(1) Except as otherwise provided in this section, a person who assaults or assaults and batters an individual, if no other punishment is prescribed by law, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

(2) Except as provided in subsection (3) or (4), an individual who assaults or assaults and batters 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, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

(3) An individual who commits an assault or an assault and battery in violation of subsection (2), and who has previously been convicted of 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, may be punished by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both:
(a) This section or an ordinance of a political subdivision of this state substantially corresponding to this section.
(b) Section 81a, 82, 83, 84, or 86.
(c) A law of another state or an ordinance of a political subdivision of another state substantially corresponding to this section or section 81a, 82, 83, 84, or 86.

(4) 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 2 years or a fine of not more than $2,500.00, or both:
(a) This section or an ordinance of a political subdivision of this state substantially corresponding to this section.
(b) Section 81a, 82, 83, 84, or 86.
(c) A law of another state or an ordinance of a political subdivision of another state substantially corresponding to this section or section 81a, 82, 83, 84, or 86.

(5) This section does not apply to an individual using necessary reasonable physical force in compliance with section 1312 of the revised school code, 1976 PA 451, MCL 380.1312.

(6) As used in this section, “dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 75081 ;-- Am. 1994, Act 64, Eff. July 1, 1994 ;-- Am. 1999, Act 270, Eff. July 1, 2000 ;-- Am. 2000, Act 462, Imd. Eff. Jan. 10, 2001 ;-- Am. 2001, Act 189, Eff. Apr. 1, 2002 ;-- Am. 2001, Act 190, Eff. Apr. 1, 2002
Former Law: See section 29 of Ch. 153 of R.S. 1846, being CL 1857, § 5739; CL 1871, § 7538; How., § 9103; CL 1897, § 11498; CL 1915, § 15220; CL 1929, § 16736; Act 167 of 1879; and Act 54 of 1929.

© 2009 Legislative Council, State of Michigan

18 U.S.C. § 921, Lautenberg Amendment, Domestic Violence Gun Ban, MCL 769.4a, Michigan's loophole to the Lautenberg Amendment, MCL 750.81, MCL 750.82, Michigan misdemeanor and felony domestic assault crimes dismissed under MCL 769.4a.http://michiganoidv.blogspot.com/2011/09/mcl-7694a-michigans-loophole-to.html