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Charged with assaulting, obstructing, resisting an officer in the state of Michigan. I spit on a cop and have no previous record

Twin Lake, MI |

Basically I spit on a cop when I was being arrested for a domestic dispute between my husband of ten years and I. I have never been in any trouble and I am told spitting on a police officer is punishable to up to 2 years in jail. With no previous record how much jail time if any am I likely to expect?

Attorney Answers 4

Posted

The range is from zero to the whole two years; get yourself an experienced criminal defense attorney. The prosecutor represents the same officers day after day and will not want to make it seem like he doesn't take this sort of attack seriously.

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Posted

The best way to find out where you may fall on sentencing is to contact a criminal defense attorney and that person run your guidelines. If you plea, there will be pre-sentencing report done by the probation office. Ultimately, the judge decides what will be an appropriate sentence is.

Tara Moody-Nichol is licensed only in the State of Michigan. All answers provided relate only to Michigan law and are made for general information purposes ONLY. They are NOT intended to be legal advice and are NOT intended to create an attorney-client relationship between Ms. Moody-Nichol and any readers or subscribers to avvo.com. Tara Moody-Nichol Attorney at Moody & Nichol, PLLC East Lansing, MI (517) 583-0520

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Posted

I recommend you contact a local criminal defense lawyer. Right now you are looking at a potential felony with a statutory maximum of 2 years in jail. If this is your first offense, you are not likely to get that much, and may be able to avoid jail altogether, but your chances of reducing the plea to a misdemeanor will greatly increase if you hire a good attorney. The prosecutor is not required to offer a plea deal, but in many cases will do so for first offenses. It is particularly true that you should get an attorney if the prosecutor intends to charge the domestic violence as well, as there are alternative sentencing options available on domestic violence charges.

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Posted

Technically it is a felony punishable by up to two years in prison. With no previous record, your guidelines score will range somewhere between 0-3 months and 0-9 months in jail. This means that the court could sentence you to jail for any term up to those maximums (depending on the score) or no jail at all. At this point, the resist/obstruct is likely a stronger case than the domestic is. In addition, if you're in Twin Lake, you must deal with the Muskegon County Prosecutor's office which is an office that is very unlikely to reduce the charge. If the case can easily be proven by the prosecutor, your situation shifts to a "loss prevention" mode. Depending on your age and other factors, you could have alternatives that would leave you with no criminal record. Otherwise, your likely strategy is to seek a break from the judge, rather than from the prosecutor, as the Muskegon County Prosecutor is very aggressive. I advise you to seek local counsel. Good luck to you.

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