Despite the fact that one of the dearest rights as an American citizen is to be innocent until proven guilty, charges of domestic violence can have a tremendous amount of stigma. Pressure from politicians and groups helping victims of abuse prompt prosecutors to take cases all the way to trial, and the threat of substantial jail time is real. That’s why it’s important to hire the best domestic violence defense attorney in Michigan when you’ve been accused of this serious offense.
Domestic Violence Laws In Michigan
Michigan Penal Code Section 750-81 – Assault or Assault and Battery, defines the term “dating relationship” to describe when a regular assault becomes domestic violence as when your spouse, your ex-spouse, your co-parent, somebody you currently or formerly shared a home with or somebody that you have or had a dating relationship with is involved. The fine and prison time is the same as other assaults, but there are additional collateral consequences that apply after a conviction such as restrictions on owning a firearm, immigration consequences for non-citizens and repercussions with employment, security clearances and eligibility for scholarships. That’s why you need to hire an experienced Michigan domestic violence defense attorney who knows how to stand up to the prosecutor and present a strong defense that can result in special handling, dropped charges, reduced charges or acquittal.
Defenses To Domestic Violence Charges
With the consent of the prosecutor and the victim, some first-time offenders may qualify for a special program under Michigan Criminal Law 769.4a that allows them enter a plea of guilty, which the court will treat as a probation, ordering anger management, family counseling, random drug/alcohol testing and other types of required interventions. If you don’t qualify for this program there are many defenses available including:
- Attacking the false accusations of the accuser with relevant information such as exposing that the charges were fabricated in an attempt to gain and advantage for a divorce or child custody contest;
- Self-defense;
- Defense of others and
- Attacking the credibility of the accuser, especially where the accuser and accused are the only witnesses, creating a “he said, she said” situation.
Domestic violence are charges are serious due to life altering consequences of a conviction or plea. That’s why it’s important to hire the best Michigan domestic violence attorney to mount your defense.
If you need any help with charges relating to violence against a family member, call Shawn today at 616-438-6719. The call is free so you have nothing to lose.