Saturday, January 3, 1970

Misdemeanor And Felony DV/OIDV Charges That Can Be Dismissed/Discharged Under MCL 769.4a [Lautenberg Amendment Loophole]

Do the crime, but not the time with MCL 769.4a.



See also:
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 AMENDMENThttp://michiganoidv.blogspot.com/2011/09/mcl-7694a-michigans-loophole-to.html

MCL 750.81: MISDEMEANOR DOMESTIC ASSAULT CRIMES
http://michiganoidv.blogspot.com/2011/09/mcl-75081-misdemeanor-domestic-assault.html

MCL 750.81a : MICHIGAN FELONY DOMESTIC ASSAULT
CRIMES




Section Act 175 of 1927
769.4a
Discharge and dismissal of assaultive domestic violence crimes:

"7) As used in this section:
(a) "Assaultive crime" means 1 or more of the following:
(i) That term as defined in section 9a of chapter X.
(ii) A violation of chapter XI of the Michigan penal code, 1931 PA 328, MCL 750.81 to 750.90g."

MCL 750.81 to 750.90g include the following assaultive crimes, that can be dismissed under MCL 769.4a:

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
Chapter XI
ASSAULTS


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.

750.81a: Assault; infliction of serious or aggravated injury; “dating relationship” defined.

750.81b: Enhanced sentence; provisions.

750.81c: Threats or assault against employee of family independence agency; violation; penalty; other conviction; “serious impairment of body function” defined.

750.81d: Assaulting, battering, resisting, obstructing, opposing person performing duty; felony; penalty; other violations; consecutive terms; definitions.

750.81e: Assault or battery of employee or contractor of public utility; violation as misdemeanor or felony; penalty; other violations; definitions.

750.82: Felonious assault; violation of subsection (1) in weapon free school zone; definitions.

750.83: Assault with intent to commit murder.

750.84: Assault with intent to do great bodily harm less than murder.

750.85: Torture; felony; penalty; definitions; element of crime; other laws.

750.86: Assault with intent to maim.

750.87: Assault with intent to commit felony not otherwise punished.

750.88: Assault with intent to rob and steal; unarmed.

750.89: Assault with intent to rob and steal; armed.

750.90: Sexual intercourse under pretext of medical treatment.

750.90a: Conduct proscribed under MCL 750.81 to 750.89 as felony; intent.

750.90b: Conduct proscribed under MCL 750.81 to 750.89 as crime; intent.

750.90c: Gross negligence against pregnant individual as crime.

750.90d: Conduct proscribed under MCL 257.625(1) or (3) involving accident with pregnant individual as felony; penalties.

750.90e: Conduct as proximate cause of accident involving pregnant individual as misdemeanor; penalty.

750.90f: Applicability of MCL 750.90 to 750.90e; “physician or other licensed medical professional” defined.

750.90g: “Infant protection act” as short title of section; legislative findings; prohibited acts; violation as felony; penalty; exceptions; definitions.


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 750.81a, Michigan misdemeanor and felony domestic assault crimes dismissed under MCL 769.4a.
http://michiganoidv.blogspot.com/2011/09/mcl-75081a-michigan-felony-domestic.html

No comments: