Domestic Violence charges sometimes arise out of situations that unexpectedly spiral out of control – such as a passionate argument between a husband and wife, or a misunderstanding with a boyfriend or girlfriend. These criminal charges are serious and never go away by themselves. Our Domestic Violence Defense Lawyers know how to get results!
Anyone being charged with domestic violence has a lot to lose: the respect of your family and friends, your job or prospects for future employment, and even your freedom. If you are charged with domestic violence, you need to call Attorney Shawn Haff of The Criminal Defense Law Center of West Michigan right away at 616-438-6719 to protect your rights.
Under Michigan law, domestic violence is abusive behavior – physical, sexual etc, used by one person to dominate or control another. Domestic relationships are those between spouses and former spouses, people in dating relationships, couples with children in common, and residents and former residents of the same household.
Examples of behavior that can lead to domestic violence charges being filed against you include:
- forced sex
- misuse of telephone
The Criminal Defense Law Center of West Michigan continually hears from our clients about how the victim didn’t want to press charges in their case. This is typical and expected in Domestic Violence cases. Many victims are pressured into trying to get these charges dropped by their spouse or relative who are usually the defendants in these cases. The victims in these cases could be used to the abuse they are getting and think it is normal behavior to be beaten and abused.
Prosecutors will typically try to get victims to plea guilty in these kinds of cases knowing that the victim will not show up to court or that a husband or wife won’t testify in court against the defendant. Do not fall victim to this pressure by local West Michigan prosecutors! Our skilled criminal defense lawyers know what tools to use, in order to keep our clients from being bullied by zealous West Michigan prosecutors.
Attorney Shawn Haff of The Criminal Defense Law Center of West Michigan has represented numerous clients facing domestic violence charges. We understand that in many cases our clients are not guilty of domestic violence. We have seen so-called victims make up stories of abuse to get revenge on the defendant. Rest assured, we will not rest if you are innocent of domestic violence until you get your case dismissed or we get you a “not guilty” verdict at trial.
The punishment for a first offense domestic violence charges in all West Michigan courts is 93 days in jail. The maximum punishment for a second offense domestic violence charge in all West Michigan courts is one year in jail. If a defendant is facing a felony domestic violence charge, the defendant is facing up to two years in prison with a $2,500 fine.
Domestic violence charges are aggressively prosecuted in Michigan, even when the alleged victims withdraw their complaints. If you are charged with domestic violence in West Michigan, contact The Criminal Defense Law Center of West Michigan asap at 616-438-6719!
Aggravated domestic assault
A person may face a charge of aggravated domestic violence when the victim is seriously injured. The injury would require medical attention. If a person used a weapon while engaging in a domestic assault, the charge could be raised to a felonious assault.
An aggravated domestic assault first offense is a misdemeanor, punishable by up to 1 year in jail, a $1,000 fine, or both. A second aggravated domestic assault offense is a felony, punishable by 2 years in prison, a fine of up to $2,500, or both.
Dangers of domestic assault
Our clients who are being charged or investigated with domestic assault and scared and nervous. The justice system in Michigan is aggressive in arresting and prosecuting people accused of domestic assault. Here are some examples from Michigan law that show how aggressive Michigan is in prosecuting people on these charges.
Arresting a person without a warrant for Domestic Violence
Typically, the police must get an arrest warrant that is authorized by a judge or magistrate. However, when it comes to this type of charge, police can arrest a person immediately. A police officer only needs to have reasonable cause to believe an assault happened against a spouse to make a legal arrest.
Rules of Evidence on Domestic Violence
In cases of domestic assaults, a prior conviction is more freely admissible in court. The general rule of thumb under the rules of evidence is that prior convictions are not allowed into evidence to prove guilt. However, there is an exception for domestic violence convictions.
Domestic Assaults Are Punished More Seriously
For Assault and Battery charges, the normal penalty is 93 days in jail. It doesn’t matter how many prior convictions the defendant has for assault and battery. However, in domestic violence cases, the penalties increase based on how many prior convictions a defendant has.
Can you keep this off my criminal record?
Yes, if we can work out a deal where the prosecutor agrees to sentence someone under a deferral, this charge will be kept off the defendant’s record assuming he completes probation successfully. Once the defendant completes probation, their record will not show any conviction for domestic violence.
Our Criminal Defense Lawyers in West Michigan Proudly Serve: Kent County, Ottawa County, Allegan County, Ionia County, Barry County, Berrien County, Barry County, Mason County, Manistee County, Mecosta County, Oceana County, Muskegon County, Montcalm County, Newaygo County, Kalamazoo County, Lake County, Van Buren County, and the City of Grand Rapids, Michigan.
Our Grand Rapids Criminal Lawyers Also Proudly Serve The West Michigan Cities Of: Grand Rapids, Holland, Allendale, Wyoming, Kentwood, Grandville, Walker, Hudsonville, Grand Haven, Coopersville, Spring Lake, Ionia, Hastings, Stanton, White Cloud, Newaygo, Zeeland and Allegan.