Michigan’s domestic violence first-offender deferral (MCL 769.4a) lets an eligible person with no prior domestic violence record plead, complete probation, and have the case dismissed without a conviction. It generally requires the prosecutor’s consent and can be used only once.
A first domestic violence charge can bring jail, a permanent record and firearm restrictions. For eligible first-time defendants, Michigan law offers a way to have the case dismissed: the domestic violence first-offender deferral.
How the deferral works
- The accused, with the prosecutor’s consent, pleads guilty or is found guilty, and the court defers proceedings instead of entering a conviction.
- The person is placed on probation, often including counseling or a batterer intervention program and no-contact or other conditions.
- If probation is completed successfully, the case is dismissed without a conviction.
Eligibility
- No prior domestic violence conviction or previous deferral.
- The prosecutor must agree, after consulting with the alleged victim.
- It can be used only once in a lifetime.
Important considerations
- The record: after dismissal, the record is generally nonpublic, but it remains available to courts and law enforcement and can be used to deny a second deferral.
- Violations: violating probation can lead to a conviction and sentencing.
- Firearms: firearm consequences in domestic violence cases can be complex under state and federal law and should be evaluated before any plea.
- Defenses first: a deferral isn’t always the best option. If the accusation is false or the evidence is weak, fighting the charge may be better. Learn about domestic violence defense.
Frequently asked questions
Can I use the domestic violence deferral more than once?
No. It is generally available only once, and only if you have no prior domestic violence conviction or deferral.
Does the deferral affect my right to own a gun?
Firearm consequences in domestic violence cases can be complex and involve both Michigan and federal law. We discuss them carefully before any plea.
Does the prosecutor have to agree?
Yes. The deferral generally requires the consent of the prosecutor, who consults with the alleged victim.