The Universe of MCDV Offenses
The universe of offenses that could constitute MCDVs includes all misdemeanor offenses that contain either the use of physical force, the attempted use of physical force, or the threatened use of a deadly weapon as an element, so long as the offense is committed against a person with whom the defendant had a qualifying relationship. As a result, offenses that could constitute MCDVs oftentimes encompass such offenses as generic assault and disorderly conduct.
Many misdemeanor offenses that could qualify as an MCDV have disjunctive elements, such that a conviction may be obtained under the applicable provision either with or without the use or attempted use of physical force or the threatened use of a deadly weapon. For example, a state generic assault statute may provide that a person commits an assault either by using physical force against another person or by verbally threatening another person. Assuming the requisite domestic relationship is present, a conviction under the first prong of the statute would satisfy the MCDV definition, while a conviction under the second prong of the statute would not. 18 U.S.C. § 921(a)(33)(A)(ii); Title 27, Code of Federal Regulations, Sections 478.11, 478.32.
And that’s a big universe, isn’t it?
The Universe of MCDV Offenses
Who made the determination that this was/is legal? An AG?