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Domestic Violence Charges Dismissed
Our client was charged with domestic violence, which is a specialized form of assault and battery. As defined in Michigan Compiled Laws 750.81, domestic violence is an assault and battery against someone with an intimate relationship.
In this case, our client was very concerned about these charges because he was retired from law enforcement and working for a security business within a major healthcare facility. He would soon be up for the promotion to the head of security, which did require his Concealed Permit License (CPL). This CPL allowed our client to carry a concealed pistol while on the job. One of the collateral consequences of a domestic violence conviction would be the loss of a CPL, and for this client, the loss of CPL would also mean the loss of his promotion and more than that, the likely dismissal from his job. Additionally, our client was a committed and devoted father of 3.
After interviewing the witnesses and reviewing recordings of the 911 calls, it became clear that this was simply a case of misunderstanding. This misunderstanding began initially with the 911 caller and subsequently continued with the law enforcement officers that arrived on scene.
Once the real, and previously untold story, was uncovered, along with the source of the factual misunderstanding, all this information was submitted to the prosecuting attorney. Also submitted was a thorough and supportive risk assessment that had been prepared at our request by a well-respected therapist. Finally, the prosecutor also received a letter from family members detailing the real person our client was. This information and subsequent negotiations resulted in the domestic violence charges being dismissed. The client was allowed instead to pled to disturbing the peace. The full consequences to the client included only a $250 fine, thereby saving both his CPL and his career.