Clawson City Criminal Ordinances – Offenses Against Persons

The following are misdemeanor offenses against persons that are regularly prosecuted by the Clawson Michigan city attorney under the Clawson Michigan local ordinances  (These offenses can also be prosecuted under corresponding State laws as well by the Oakland County Prosecutor’s Office). The section (Sec.) numbers listed below are from the Clawson Criminal Code.

Sec 46-41.  Assault and Battery.  A person who assaults or assaults and batters an individual is guilty of a misdemeanor.  An individual who assaults or assaults and batters his spouse or former spouse, an individual with who he has a child in common, or a resident or former resident of the same household is guilty of a misdemeanor.  (Code 1978, section 21-30)  State law reference, similar provision MCL 750.81.

Sec. 46-42.  Domestic Violence.  (a) Arrest without warrant;  assault or assault and battery within household.  A police officer who has reasonable cause to believe that an assault or assault and battery has taken place or is taking place, and the person who committed or is committing the assault or assault and batter is a spouse, a former spouse, or a person residing or having resided in the same household as the victim, may arrest the violator without a warrant for that violation, irrespective of whether the assault or assault and battery was committed in the presence of the officer.  (b) Conditional sentence; deferral of proceedings.  When a person, who has not been convicted of assault or assault and batter, and the victim of the assault is the offender’s spouse, former spouse, or a person residing or having resided in the same household as the victim, pleads guilty to, or is found guilty of assault and battery, the Court, without entering a judgment of guilt, and with the consent of the accused, may defer further proceedings and place the accused on probation as provided in this section.  Upon a violation of a term or condition of probation, the Court may enter an adjudication of guilty and proceed as otherwise permitted by law.  (c)  Probation; mandatory counseling program.  An order of publication entered under subsection (b) of this section may require the accused to participate in a mandatory counseling program.  (c) The Court may order the accused to pay the reasonable costs of the program.  Discharge and dismissal of proceedings.  Upon fulfillment of the terms and conditions, the Court shall discharge the person and dismiss the proceedings against the person.  Discharge and dismissal under this section shall be without adjudication of guilty and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.  (e) Limits on discharges and dismissal of proceedings.  There may be only two discharges and dismissals under this section with respect to any person.  The police department shall retain a nonpublic record of an arrest and discharge or dismissal under this section.  The record shall be furnished to the Court or police agency upon request for the purpose of showing that a Defendant in a criminal action for assault or assault and battery has already availed himself or herself of this section (Code 1978, section 21-131).

Sec.  46-43.  Menacing.  A person who commits the offense of menacing if, by physical action, he intentionally places or attempts to place another person in fear of imminent serious physical injury (Code 1978, section 21-29).

Sec. 46-44.  Stalking.  (a) Definitions.  The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning.

Course of conduct means a pattern of conduct composed of a series of two or more separate noncontinuous acts evidencing a continuity of purpose.

Emotional distress means significant mental suffering or distress that may, but does not necessarily require, medical or other professional treatment or counseling.

Harassment means conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact that would cause a reasonable individual to suffer emotional distress and that actually causes the victim to suffer emotional distress.  Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose.

Stalking means a willful course of conduct involving repeated and continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

Unconsented contact means any contact with another individual that is initiated or continued without that individual’s consent or in disregard of that individual’s expressed desire that the contact be avoided or discontinued.  uncontested contact includes, but is not limited to, any of the following:

(1) Following or appearing within sight of that individual.

(2) Approaching or confronting that individual in a public place or on private property.

(3)  Appearing at that individual’s workplace or residence.

(4) Entering onto or remaining on property owned, leased, or occupied by that individual.

(5) Contacting that individual by telephone.

(6) Sending mail or electronic communications to that individual.

(7) Placing an object on, or delivering an object to, property owned, leased, or occupied by that individual.

Victim means an individual who is that target of a willful course of conduct involving repeated or continuing harassment.

(b) Classified as a misdemeanor.  A individual who engages in stalking is guilty of a misdemeanor. (Code 1978, section 21-30).  State law reference, similar provisions, MCL 750.411h.  Secs. 46-45-46-80.

Sec. 1-7.  General penalty; continuing violations.  (a) In this section, the words “violation of this Code” mean any of the following:

(1) Doing an act that is prohibited or made or declared unlawful, an offense, a violation, a misdemeanor or a municipal civil infraction by ordinance or by rule or regulation authorized by ordinance.

(2) Failure to perform an act that is required to be performed by ordinance, or by rule or regulation authorized by ordinance.

(3) Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation, a misdemeanor, or a municipal civil infraction by ordinance or by rule or regulation authorized by ordinance.

(b) In this section the words “violation of this Code” include causing, securing, aiding or abetting a violation of this Code as defined in subsection (a) of this section.

(b) In this section, the words “violation of this Code” do not include the failure of a city officer or city employee to perform an official duty unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.

(d) Except as otherwise provided by law or ordinance, a person convicted of a violation of this Code shall be guilty of a misdemeanor and punished by a fine not to exceed $500.00, imprisonment for a period not more than 90 days, or both;  However, unless otherwise provided by law, a person convicted of a violation of any of the provisions of this Code that substantially corresponds to a violation of State law that is a misdemeanor for which the maximum period of imprisonment is 93 days shall be punished by a fine of not more than $500.00, imprisonment for a term of not more than 93 days, or both.  A person convicted of a violation of this Code shall be responsible for costs.  The penalty in this subsection does not apply to any municipal civil infraction.

(e) Except as otherwise provided by law or ordinance, with respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense.  As to theory violations, each violation constitutes a separate offense.

(f) The city of Clawson is entitled to recover the cost of investigating and prosecuting a violation from the person convicted of a violation of this Code.  The city of Clawson is entitled to recover Court costs from any person convicted of a violation of this Code.

(g) The imposition of a penalty does not prevent suspension or revocation of a license, permit, or franchise or other administrative sanctions.

(h) Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief.  The imposition of a penalty does not prevent injunctive relief or civil or quasi-judicial enforcement.  (Code 1978, section 1-6).  State law reference, penalty for ordinance violations, MCL 117.3(k), 117.4i; municipal civil infractions, MCL 117.4l, 600.8701 et seq.

Sec. 46-2.  State law misdemeanors.  Every act prohibited by State law as a misdemeanor is prohibited, and whoever violates the provisions of this section within the city of Clawson shall, upon conviction, be punished by the same penalty provided by State law, except the penalty shall, in no case, exceed the maximum authorized for an ordinance violation.

When charged with a criminal offense in Clawson Michigan it is important to hire an experienced criminal lawyer to assist you.  Criminal misdemeanor offenses that allegedly occur in Clawson are prosecuted at the 52-4th Division District Court, which is located at 520 W. Big Beaver Road in Troy, Michigan 48084.  An experienced criminal lawyer may be able to help you avoid a criminal conviction and a harsh result, depending upon the circumstances of your case.

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