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The following are misdemeanor weapons offenses 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 46-141.  Definitions.  The following words, terms, and phrases when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Firearms, except as otherwise specifically defined in this Code, means any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion.

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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).

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The following are misdemeanor nuisance offenses that are regularly prosecuted by the Troy Michigan city attorney under the Troy Michigan local ordinances.  The numbers listed below are from the Troy Criminal Code at the time of this blog:

9.1  Public Nuisances Defined.  Whatever annoys, injures, or endangers the safety, health, comfort or repose of the public; interferes with or destroys or renders dangerous any street, highway, allows accumulation of junk or obnoxious matters on private property; or in any way renders the public insecure in life or property is hereby declared to be a public nuisance.  Public nuisances shall include, but not be limited to, whatever is forbidden by any provision of this Chapter and the common and statute law of this state.

Noise Control

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A felony charge is extremely serious and it could change your life forever. A conviction can result in prison time and can also carry hefty financial penalties. But a felony charge doesn’t have to result in a conviction. By working with a skilled and experienced attorney who can help you navigate the legal process, you can reduce the chances that your felony charge will land you in prison.

If you’ve been charged with a felony, you’re probably feeling many emotions, with fear probably the most prevalent. But don’t panic. Remember, an arrest is not a conviction.  Until you are proven guilty beyond a reasonable doubt, there are steps you can take that will help build a strong case in your defense.

Stay Quiet

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The following are misdemeanor offenses related to fireworks that are regularly prosecuted by the Troy Michigan city attorney under the Troy Michigan local ordinances.  The numbers listed below are from the Troy Criminal Code:

98.15.01  Fireworks.  An individual shall not fire, discharge, display or possess any fireworks, except as permitted by state law and this ordinance.  There shall be no ignition, discharge or use of consumer fireworks on all days except for a national holiday.  National holiday is further defined to include only the following federal holidays, including the day preceding and the day following the federal holiday: New Year’s Day, the birthday of Martin Luther King, Jr., Washington’s birthday (President’s Day), Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, and Christmas Day.  On these holiday dates only, persons are permitted to ignite, discharge, or use fireworks between the hours of 8:00 am to 12 am (midnight) for each of these days, and between 8:00 am and 1:00 am on New Years Day only, in accordance with state and local law.  A person who ignites, uses, or discharges a consumer firework at any time except as set forth above is responsible for a municipal civil infraction, which is punishable by a fine of up to $500.   A person who violates any other portion of this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500.

98.15.02  Ignition, Use, Discharge of Fireworks while Under the Influence of Alcohol or Controlled Substances.  An individual shall not discharge, ignite, or use consumer fireworks or low impact fireworks while under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance, which are defined under the Michigan vehicle code, 1949 PA 300 and any amendment.  A person who ignites, uses, or discharges fireworks in violation of this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500.

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The following are misdemeanor offenses related to school that are regularly prosecuted by the Troy Michigan city attorney under the Troy Michigan local ordinances.  The numbers listed below are from the Troy Criminal Code at the time of this blog:

98.14.01  Cause Disturbance on School Property. No person shall willfully make or assist in making any noise, disturbance, or improper diversion by which the peace and quiet or good order of any class, gathering or other function in any school building is disturbed.  A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both.

98.14.02  Profane Language on School Property.  No person shall use profane, indecent, vulgar, or immoral language or indulge in indecent or immoral conduct on school property.  A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both.

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The following are misdemeanor offenses related to firearms that are regularly prosecuted by the Troy Michigan city attorney under the Troy Michigan local ordinances.  The numbers listed below are from the Troy Criminal Code:

98.13.01  Transport or Possess Firearms.  No person shall transport or possess a firearm in a vehicle unless the firearm is unloaded in both barrel and magazine and carried in the luggage compartment of the vehicle.  A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500.

Exception.  This section does not apply to persons authorized by federal or state law to transport or possess firearms.

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The following are misdemeanor offenses related to minors possessing or purchasing tobacco that are regularly prosecuted by the Troy Michigan city attorney under the Troy Michigan local ordinances.  The numbers listed below are from the Troy Criminal Code:

98.12.01  Person Under 18 – Possess or Purchase Tobacco.  No person under the age of 18 shall purchase, attempt to purchase, possess or use tobacco in any form or any product that is used for the formation of a smoking device.  A person who violates this section is guilty of a misdemeanor. punishable by a fine of not more than $50.00 for each offense.

98.12.02  Sell or Furnish Tobacco to Person Under 18.  No person shall sell, furnish, give or deliver tobacco in any form or any product that is used for the formation of a smoking device to any person under the age of 18.  A person who violates this section is guilty of a misdemeanor. punishable by a fine of not more than $50.00 for each offense.

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The following are misdemeanor traffic offenses that are regularly prosecuted by the Troy Michigan city attorney under the Troy Michigan local ordinances.  The numbers listed below are from the Troy Criminal Code:

3.2  Obedience to Police and Fire Department Officials.   A person shall not willfully fail or refuse to comply with any lawful order or direction of any police officer or member of the fire department, at the scene of or in the immediate vicinity of a fire, who is vested with authority under the code to direct, control, or regulate traffic.  A person who violates this section is guilty of a misdemeanor.

3.2a   Failure to Stop Upon Police Signal  If a driver of a motor vehicle is given a visual or audible signal by hand, voice, emergency light, or siren by a police officer who is acting in the lawful performance of his or her duty and who is directing the driver to bring his or her motor vehicle to a stop and the driver willfully fails to obey such direction by increasing his or her speed, extinguishing his or her lights, or otherwise attempting to flee or elude the officer, the driver shall be punished, upon conviction, as provided in section 9.3(2) of this code.  The officer who gives the signal shall be in uniform.  A police vehicle that is driven at night shall be adequately identified as an official police vehicle.
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The following are misdemeanor alcohol driving offenses that are regularly prosecuted by the Troy Michigan city attorney under the Troy Michigan local ordinances.  The numbers listed below are from the Troy Criminal Code:

5.15  Operating While Intoxicated.   A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within the City of Troy if the person is operating while intoxicated.  As used in this section, “operating while intoxicated” means either:

a) the person is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance, or

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