Domestic violence is an incredibly serious crime that comes with just as serious consequences. Amidst the rise of the #metoo movement and other social pressures, the courts have started to change the way they approach domestic violence cases and spousal abuse cases, becoming more receptive to shaky and unbased allegations.
If charged with domestic violence, it is now as important as ever to contact a skilled Michigan attorney who understands the intricacies of this area of the law and how to build a strong defense in today’s hypersensitive social climate.
What Is Domestic Violence?
There are many types of domestic violence, some that don’t even leave a mark on anyone’s body (like financial abuse or verbal abuse for example.) The most common type of domestic violence, however, is a little more straightforward. To best understand what domestic violence is, it is important to first grasp two very similar concepts: assault and battery. Michigan law defines an assault as a threat to commit a violent act against another person. However, if the threat turns to action in the form of forceful, violent, or offensive touching, that is considered battery.
While similar, what differentiates domestic violence and spousal abuse from assault or battery is the circumstances within which it occurs. Domestic violence refers to an act of violence that is inflicted upon a family member, household member, or someone in the offender’s direct domestic circle such as an ex-partner or family friend.
Consequences of Domestic Violence Charges?
Penal Consequences: There are two types of domestic violence charges: domestic assault and aggravated domestic assault. Domestic violence charges can be tried as either felonies or misdemeanors. The classification of the offense depends on the severity of the assault as well as the offender’s prior criminal record.
Domestic assault makes up a majority of domestic violence charges. In domestic assault cases, the victim does not need to have sustained injury for the prosecutors to pursue legal action. The first two times an offender is charged with domestic assault, they will be charged as misdemeanors that are punishable by up to 93 days in jail and/or a fine of $500 for a first-time offense and 1 year and/or $1,000 for a second-time offense. On their third domestic violence offence, they will be charged with felony domestic assault and will face a prison sentence of up to 5 years in prison.
The second type of domestic violence charges is what is known as aggravated domestic assault. For an attack to be considered aggregated domestic assault, the victim must have sustained serious injury that requires medical attention.
Like domestic assault, aggravated domestic assault can be tried as either a felony or misdemeanor. First time offenders will face a misdemeanor charge while second time offenders will be charged with felony aggravated domestic assault. The use of a weapon of any kind would
automatically elevate the offense to a felony even if it was the offenders first charge. Misdemeanor charges of aggravated domestic assault is punishable by up to one year in jail and/or a $1,000 fine. Felony charges, on the other hand, illicit prison sentences of up to 5 years
and/or a fine of $2,500.
In addition to the legal consequences that come with a domestic assault conviction, offenders often face long-lasting social and economic struggles. This may include a domestic violence restraining order or limitations to child custody rights. A conviction also poses a serious
hinderance to your ability to seek employment or even housing. It is imperative that you do not let domestic violence accusations define your life. With help from an experienced attorney, you can build a solid defense to ensure you will never have to.
When building this defense, it is important to note an opportunity for first time offenders where a plea deal can be negotiated so that you will have the case dismissed upon completion of your probation. You need a great attorney on your side if you are facing allegations of spousal abuse.
In addition, with help from an attorney, a separate deal can be reached that allows you to keep a domestic violence charge from staining your criminal record. To do so, the prosecutor must agree to purse a deferral and the defendant must successfully complete their probation
requirements.
To learn more about how these two incredible relief opportunities could help you, do not hesitate to call Grand Rapids Criminal Defense Attorney Shawn Haff at 616-438-6719 to get the help you need if you are facing criminal charges in West Michigan over Spousal Abuse.
Common Legal Defenses
Domestic violence accusations are not always as they may seem and there are a number of proven legal defenses against such charges. Below are a couple of the most common:
False accusations
In these types of cases, there is often more than meets the eye as heated disputes over child custody, infidelity, addictions complicate the story. From years and years of experience, we’ve noticed that a lot of our domestic violence cases stem from allegations by a disgruntled partner.
The victim may formulate accusations with injuries that were inflicted by another person or even injuries that were sustained in a separate accident. An skillful attorney may be able to find inconsistencies in their fabricated allegation and make sure that their client is not burdened by an unjust domestic violence conviction.
Self defense
The law provides protection to a number of violent crimes committed in an attempt for self-defense. In doing so a defendant that used physical or deadly means to protect themselves from a dangerous, physically harmful situation may assert the affirmative defense of self-defense.
Lack of willful intent
To be charged with domestic violence, it must be shown that the offender intentionally inflicted harm on a partner, family member, etc. Take for instance, in the heat of the moment you accidentally push someone and they fall downstairs, sustaining major injuries. Because you did
not seek to hurt the victim, by Michigan’s legal definition, you have not committed domestic violence and cannot be charged for this specific crime. Instead, you will likely receive a lesser charge with a shorter sentence.
While these defenses have shown to be particularly effective at fighting domestic violence charges, the criminal justice system is not as just as many of us would like to think. Sometimes the courts get it wrong. We understand that after a conviction, you may feel stuck and hopeless
and cheated by the system, but if you are unhappy with the outcome of your case, you have the opportunity to pursue appellate action that gives you a second chance at justice.
Getting Proper Assistance
Domestic violence charges can be particularly tricky to handle. Because domestic violence accusations can be so detrimental to a person’s freedom and future, help from an experienced attorney, like the Grand Rapids Criminal Defense team. Defending against such claims requires a
team that knows what they are looking for, is able to craft a strong narrative that tells the full story, and knows the law like the back of their hand.
Hire a five-star rated Grand Rapids Criminal Defense Attorney Shawn James Haff! Shawn and his team of lawyers get outstanding results for his clients. We stop at nothing to help our clients and want to see your soar. For a free case strategy session call 616-438-6719.