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Experienced Criminal Attorneys Handling All Domestic Violence Charges in Michigan
In Michigan, the crime domestic violence is a broad charge that covers many different acts and the charges range from misdemeanors to felonies. First, domestic violence crimes proscribe assaultive acts against those who the alleged offender had a domestic relationship to. These people include:
Defendant's spouse
Defendant's former spouse
A person who had a child in common with the defendant
A person who was a resident or former resident of the same household as the defendant
A person with whom the defendant had or previously had a dating relationship. "A "dating relationship" means frequent, intimate association primarily characterized by the expectation of the affectional involvement. It does not include a causal relationship of an ordinary fraternization between two individuals in a business or social context.
Police, prosecutors, and Michigan law makers have deemed domestic violence a serious crime and as such the penalties for these charges and the accompanying laws regarding domestic violence charges make it difficult if not practically impossible to fight and defend your rights alone against a system that wields so much power and pressure.
Explanation of Michigan Domestic Violence Laws and Related Penalties
Generally, to be guilty of a domestic charge, in addition to the alleged victim meeting the above criterion, the prosecutor must establish the following elements: (1) that the defendant assaulted and battered the victim. A battery is the forceful, violent, or offensive touching of a person or something closely connected with him or her. The touching must have been intended by the defendant, that is, not accidental, and it must have been against the victims will. An assault is an attempt to commit a battery or an act that would cause a reasonable person to fear or apprehend an immediate battery. The defendant must have intended either to commit a battery or to make the victim reasonably fear an immediate battery. At the time of an assault, the defendant must have had the ability to commit a battery, or must have appeared to have the ability, or must have thought they had the ability.
A Domestic violence first charge is punishable by up to 1 year in jail and up to $1,000.00 in fines. A Domestic violence third is punishable by up to 2 years in prison and up to $2,500.00 in fines. Additionally, an aggravated assault second or Felonious Assault could also end up putting you in prison.
With regards to domestic violence charges, police generally do not need an arrest warrant to make an arrest, while prosecutors who would be usually be barred from introducing evidence of past crimes into court during trial can in some instances introduce evidence to past domestic violence charges.
Contact a Michigan Domestic Violence Attorney To Fight For You
The experienced Lansing criminal attorneys at the Clark Law Office can help defend you against domestic violence charges by aggressively advocating for you and protecting your rights and protecting the presumption of innocence when the police, prosecutors and law makers seem to be trying to make you guilty before you are even tried. Call one of our domestic violence lawyers today for a free consultation so that we can help you.