Expert: Robin Sexton - 8/26/2009

Question
My ex boyfriend received a simple misdemeanor and interference in a domestic assault case. I filed charges against him for domestic assault with injury my problem is with the plea agreement because he was also charged with my assault as well as an assault on a police officer. What is a Simple Misdemeanor?

Answer
Tonya,

Every crime has " lesser included offences"  that a subject is also guilty of.  For example if someone breaks into a house and steals something that would be burglary.  Then underneath that with similar case facts would be illegal entry, larceny from a building, trespass and maybe even disturbing the peace.  The case facts would fit all of these, and they have lesser penalties.  So simple misdemeanor would be one of the most minor assaults.  In Michigan a simple misdemeanor by atatute has a punishment of no more then 1000 dollars and 90 days in jail.  The plea agreement is something negotiated by the prosecutors office for a variety of reasons and is very customary.

Hope that helps

robin