Domestic Violence Defense
Being accused of hurting a family member can be extremely stressful. Domestic violence laws were created to protect families, but the law is often not fairly applied. And the potential consequences of these crimes can be quite life-altering. If you are facing domestic violence charges, you need a criminal defense attorney to argue your side, and fight on your behalf.
You know that the system is stacked against you, so call us for a consultation about your case today. We can help even the odds.
How is Domestic Violence Defined?
You must be in a domestic relationship to be accused of domestic violence or domestic assault.
What is a domestic relationship?
For an assault to be considered “domestic”, a certain relationship must exist between the victim and the defendant. Here are some examples of domestic relationships in the state of Michigan.
- Spouse or ex-spouse
- Someone you share a child with
- A person you are dating
- Someone you share or shared a residence with
Assaults are serious crimes. When the crime is a domestic assault, the punishments are much stricter.
|If you are convicted of domestic:
Assault and Battery (first offense)
Assault and Battery (second offense)
Assault and Battery (third and subsequent offense)
Assault with infliction of serious injury (first offense)
Assault with infliction of serious injury (second or subsequent offense)
|You will face a potential sentence of:
Up to 93 days in jail and $500 in fines
Up to one year in jail and $1,000 in fines
Up to 2 years in prison and $2,500 in fines
Up to 1 year in jail and $1,000 in fines
Up to two years in prison and $2,500 in fines
In domestic assault cases, when an officer comes to the home or scene of the assault, he can arrest the alleged aggressor without a warrant as long as he has a reasonable belief that the act is taking or took place.
If you are arrested for a domestic assault, Michigan law dictates that you will be held in custody until the next court session for your arraignment. If this time exceeds 20 hours, then you may be released on an interim bond. (MCL 750.582)
In Michigan a person can be charged with rape against their spouse. A spouse does have a right to refuse sexual advances from their partner. This change was adopted by Michigan in 1988.
Crime Victims Rights Act MCL 780.751
This act was passed to allow victims to be active participants in the justice system as it relates to their assailants. What this means for you in a domestic violence case is that your victim may testify against you, be present in the courtroom, and give victim impact statements at sentencing.
Michigan takes domestic cases very seriously. In an effort to protect Michigan families, judges will do all that they can to ensure their safety. These cases can be particularly difficult due to the relationships involved.
It pays to have an objective professional on your side when dealing with domestic violence cases. An attorney who has dealt in the local courts with cases just like yours can be a great asset.