Domestic violence statistics in Michigan can be truly frightening. Someone is a victim of domestic violence every 20 minutes in the state, and as many as 1 in 3 families are affected by it. Michigan State Police figures for 2017 show that there were over 91,000 victims and 105 murders as a result of domestic violence.
If you have been accused of domestic violence, it can be a traumatic time for you and people close to you. You want a domestic violence attorney to defend you who has experience in this area of criminal law and who knows all the relevant laws as they apply in the state of Michigan.
Michigan Domestic Violence Lawyer
If you have been charged with any form of domestic violence, you want an attorney in Michigan who has years of experience in this area, and who can help you build a strong defense. Unlike other states, Michigan law only has two classifications of domestic violence; domestic assault or aggravated domestic assault.
Building a Defense
Depending on the circumstances, there are several strategies your attorney will consider using. There is a requirement that the prosecution must prove its case beyond any reasonable doubt. Sadly, for a very real problem in today’s society, some figures estimate that around 700,000 false charges of domestic violence are made each year, and the accusation can often be used as a tool in acrimonious divorce or child custody battles.
Consequences of These Charges
If you are facing a criminal charge of domestic assault or aggravated domestic assault, then the penalties can be severe, especially if you have a previous record of the same charges. For domestic assault, you can receive the following maximum penalties:
- 1st offense (misdemeanor) – 93 days in jail and a fine of up to $500
- 2nd offense (misdemeanor) – One year in jail and a fine of up to $1,000
- 3rd offense (felony) – Five years in prison and a fine of up to $5,000
For aggravated domestic assault, the maximum penalties are:
- 1st offense (misdemeanor) – One year in jail and a fine of up to $1,000
- 2nd offense (felony) – Five years in prison and a fine of up to $5,000
The prosecutor may choose to elevate charges to felony levels in certain circumstances such as the use of a deadly weapon or strangulation.
Consult With a Domestic Violence Lawyer Today
If you have been charged with any form of domestic violence, seek immediate legal representation. We offer a free initial consultation to assess your case and advise you on what is the best way to move forward.
Domestic Violence and Spousal Abuse
Michigan defines domestic violence or spousal abuse as violence which is perpetrated by:
- A spouse
- An ex-spouse
- A person currently or formerly residing in the same house
- Someone who has had a child with the victim
- A person with whom the victim is having or has previously had a relationship
Michigan Domestic Violence Charges
While many states have a variety of charges relating to domestic violence, Michigan only has two; Domestic Assault and Aggravated Domestic Assault.
Unlike most other charges, domestic violence cases in Michigan have some unique legal characteristics. If the victim withdraws their statement about the assault, the case will not be dismissed by the court. And if the defendant has a previous history of domestic violence, then that history is admissible in court. Victim statements are also admissible.
In domestic assault cases, there is no requirement for the victim to have been injured. And previous history of domestic violence can include court-ordered counseling, probation, or community service.
Aggravated Domestic Assault
For aggravated domestic assault charges to be pursued, the victim must have received serious injuries which required urgent or immediate medical attention.
Michigan State Stalking Charges
Under Michigan state law, stalking means “…a willful course of conduct involving repeated or 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.”
Michigan law defines aggravated stalking as stalking while in violation of an injunction or preliminary injunction, a notified restraining order, or of any conditions set by probation, parole or pretrial release bonds, or pre-appeal release bond.
Aggravated stalking is a felony charge which can result in up to five years in prison and a $10,000 fine.
Stalking of a Minor
In cases where you face charges of stalking someone under the age of 18 at the time of the offense, and where you are more than 5 years older than the victim, then you can face more serious charges. Stalking charges can face up to 5-year sentences and $10,000 fine, while aggravated stalking can face up to 10 years in prison with a maximum fine of $15,000.
Michigan Premier Law Will Mount an Aggressive Defence to Help You Achieve the Best Results
Our Oakland County-based law firm has vast experience in all family law matters, including domestic assaults and stalking charges. We appreciate both the complexity and the sensitivity surrounding this subject but also recognize how often false accusations are made.
We Have Proven Results and Perfect Strategies for Defending Domestic Assault Charges
We are among the best domestic violence lawyers in Michigan and have a proven track record in many areas of criminal law including sexual assault, drunk driving, and assault and battery.
We also specialize in family law cases including divorce, child support, and spousal support. The combination of these different areas of case law gives us a unique insight into domestic violence and defending those accused of it.
Don’t Settle for Anything but the Best Michigan Criminal Defense Firm
If you are facing domestic violence charges, then you need an attorney in Michigan with a sterling reputation and a great track record. Our criminal defense team has successfully defended many clients against the criminal charge of domestic assault as well as appealing against personal protection orders.
Michigan Domestic Violence Law
While Michigan Domestic Violence Law only has two classifications of domestic violence, there is quite a wide range of offenses covered within that law.
We know that domestic violence is an emotive subject, however, we also recognize that people are innocent until proven guilty in a court of law. We shall therefore defend every client to the best of our abilities.
Criminal Defense Attorney Representing Detroit Residents With Compassion and Dedication
As the leading domestic violence attorney in the state of Michigan, we treat all our clients with compassion and understanding and offer dedication to defending them in court. Our free initial consultation is designed to develop an understanding of your case and your circumstances and we will advise you on what any likely outcome may be.
Fighting Charges of Domestic Violence in Michigan
If you are fighting domestic violence charges in Oakland County or elsewhere in Detroit, Michigan, then you want a team of lawyers who are committed to providing you with the best defense possible.
Consult a Domestic Violence Lawyer in Detroit or Surrounding Cities
If you are charged with domestic assault or aggravated domestic assault, then the first thing you should do is to consult an experienced attorney in Michigan who has experience of criminal defense cases involving domestic violence.
Being charged with domestic violence offenses can be extremely distressing, especially if you believe the allegations to be false. You must seek legal representation as soon as possible after being arrested or charged.
We are experienced in many areas of criminal law in Michigan, and that expertise and knowledge could make a vital difference in your case.
Our initial consultation is free which allows us to discuss your case with you and give you the best advice possible. Want to book an appointment? Call us now on 248-688-0045.