Violent Crimes are always aggressively prosecuted in all West Michigan courts. Prosecutor’s will push for harsh punishments for anyone convicted of any violent crime and will be well prepared for any violent crime case they are working on.
There are numerous violent crimes that many people are charged within West Michigan. Some of these crimes are:
We will look at the circumstances of any violent crimes case and whether the prosecutors have overcharged my clients regarding violent crimes. I will exhaust all defenses and look at the prosecutor’s case from every angle for opportunities to have evidence suppressed or charges dismissed.
Assault crimes carry different punishments, depending on whether they are misdemeanors or felonies.
Misdemeanor assault charges
Felony Violent Crimes
Domestic violence is a misdemeanor crime in Michigan, punishable by up to 93 days in jail, a $500 fine or both. The word “domestic” means in a relationship with a spouse or former spouse, someone you are currently dating or previously dated, someone with whom you have a child, or a resident or former resident of your household. Domestic violence includes the following acts:
Homicide offenses include murder and manslaughter. Murder in the first degree, that is, murder committed with premeditation, is a felony, punishable by imprisonment for life. There is no parole. Murder in the second degree is also a felony, punishable by imprisonment for life or any number of years as determined by the court. Murder in the third degree is a misdemeanor, punishable by up to two years imprisonment.
Murder attempts can also be labeled crimes of passion, acts that happened in the heat of the moment, which might be used to defend you against the charge of premeditated murder. The Criminal Defense Law Center of West Michigan can help you understand these most serious charges and the evidence against you. We have the necessary experience within Michigan’s legal system to anticipate the prosecution and prepare a compelling case on your behalf. In court, rest assured we will be a formidable advocate for your rights.
Manslaughter is a felony punishable by imprisonment in the state prison for up to 15 years, by fine up to $7,500 or both, as determined by the court. The act of manslaughter results in someone’s death and differs from murder in that there is an absence of premeditated malice.
Manslaughter offenses can be either voluntary or involuntary. Voluntary manslaughter requires the intent to kill or cause serious bodily injury, while involuntary manslaughter does not.
In an act of self-defense, it is assumed that you would only use enough force to prevent any harm to yourself. If a death occurred as a result of excessive force, it could be considered voluntary manslaughter.
Vehicular homicide, also known as vehicular manslaughter, is a serious offense typically related to drunk driving.
Federal Violent crimes are defined as:
(a) an offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or
(b) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
What are the federal crimes and penalties for domestic federal violent crimes?
All federal domestic violence crimes are felonies.
It is a federal crime under VAWA:
To cross state lines or enter or leave Indian country and physically injure an “intimate partner”.
18 U.S.C. Section 2261 C
To cross state lines to stalk or harass or to stalk or harass within the maritime or territorial lands of the United States.
18 U.S.C. Section 2261A C
To cross state lines or enter or leave Indian country and violate a qualifying
Protection Order. 18 U.S.C. Section 2262.
It is a federal crime under the Gun Control Act: C to possess a firearm and/or ammunition while subject to a qualifying Protection Order. 18 U.S.C. Section 922(g)(8)C to possess a firearm and/or ammunition after conviction of a qualifying misdemeanor crime of domestic violence. 18 U.S.C. Section 922(g)(9) A violation of the Gun Control Act, Sections 922(g)(8) and 922(g)(9), has a maximum prison term of ten years. A violation under VAWA, Section s 2261, 2261A and 2262, has a maximum prison term of five years to life, depending on the seriousness of the bodily injury caused by the defendant. In a VAWA case, the Court must order restitution to pay the victim the full amount of losses.
These losses include costs for medical or psychological care, physical therapy, transportation, temporary housing, childcare expenses, lost income, attorney’s fees, costs incurred in obtaining a civil protection order, and any other losses suffered by the victim as a result of the offense. In a Gun Control Act case, the Court may order restitution.
Please keep a record of all expenses caused by domestic violence crime. What is a qualifying domestic violence misdemeanor? Possession of a firearm and/or ammunition after conviction of a “qualifying” domestic violence misdemeanor is a federal crime under Section 922(g)(9). Generally, the misdemeanor will “qualify” if the conviction was for a crime committed by an intimate partner, parent or guardian of the victim that required the use or attempted use of physical force or the threatened use of a deadly weapon. In addition, Section 922(g)(9) imposes other legal requirements.
Attorney Shawn Haff
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