Overview Of Domestic Violence Charges And Penalties

Zeineh Law Can Help You Determine if Your Michigan OWI Is Eligible for Expungement 

Domestic violence cases are often paired with lengthy stories between the individuals and their alleged actions. Because of this, domestic violence cases can be complicated as lots of emotion is involved in these types of cases. The potential for harm is great when there are allegations of domestic violence, so courts and judges take these cases seriously. It is important for you to take a domestic violence charge seriously if you are facing prosecution. The first step in doing so is understanding what goes into a domestic violence charge, as there are several that are available to a prosecutor.

Domestic violence charges have a range of potential consequences that are generally based on the answers to two main questions: 

How many previous domestic violence cases does the defendant have? And

Did the complaining witness suffer any injuries?

If a defendant is charged with domestic violence for the first time and the complaining witness suffered no injuries, then the defendant can be charged with domestic violence which carries up to 93 days in jail, along with fines and court costs. If a defendant is charged with domestic violence for a second time or the complaining witness has visible injuries from the events, then the domestic violence charge can be enhanced to carry a maximum penalty of up to one year in jail, along with fines and court costs. If a domestic violence allegation involves injuries, then that charge is known as aggravated domestic violence. If a defendant is charged with domestic violence for the third time, or aggravated domestic violence for a second time, then the defendant can face a felony charge that carries up to five years in prison upon conviction, along with fines and court costs. Any conviction or admission to a charge of domestic violence will make the defendant ineligible to own or possess a firearm. Doing so would be in violation of federal law. 

TOP DEFENSES AND POTENTIAL CASE RESOLUTIONS

In cases that involve people who intimately know each other such as domestic violence cases, there are many potential reasons why a case may not be as it appears. Domestic violence cases include parties who are in an intimate or family relationship. Cases involving roommates can also be charged as domestic violence. There are a few questions that must be answered in determining your defense. Did the events happen as the complaining witness claims they did? Is the complaining witness lying? Does he or she have a reason to lie about what happened? Were you acting in self-defense? If you answered yes to any of these questions, then your defense can be shaped based on your answers. It is possible for a mistake in identity defense, but since the parties in a domestic violence case know each other closely, it is unlikely that this defense is available. 

In first offense domestic violence cases, there might be a potential case resolution under a Michigan law that allows for the conviction to be deferred and ultimately dismissed at the end of a period of probation. Under MCL 769.4a, a conviction can be deferred for a charge of first-offense domestic violence. To be sentenced under MCL 769.4a, the defendant must enter a guilty or no contest plea in conjunction with an agreement from the prosecutor to agree to treatment under MCL 769.4a. If the court sentences an individual under this statute, then the individual will be placed on probation and expected to complete anger management classes, along with other probationary requirements. To determine what the best approach in your case, it is best to consult with an experienced criminal defense attorney.

HOW AN EXPERIENCED ATTORNEY CAN HELP

An experienced attorney can help evaluate your case’s strengths and weaknesses to decide the best way to approach the defense of your case. Since most domestic violence cases usually involve testimony from police officers and the complaining witness, a thorough evaluation of the series of events is critical to determining the correct defense approach. It is uncommon for domestic violence cases to come with a video that shows the interactions between the parties. Usually, if a video is available, it is a recording from the patrol car or body cam showing the interactions with the police. Each step officers take during a domestic violence investigation can be examined and questioned in defending your case. If you have legal questions, then call us at Zeineh Law so we can help!

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you are facing a domestic violence charge, then it is important to speak to an experienced criminal defense attorney immediately. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or online. Our advice is free, and our conversations will always be protected by the attorney-client privilege. Make your first choice towards freedom with a consultation with an experienced criminal defense attorney at Zeineh Law today.