In Michigan, it is a crime to assault another person. However, if the victim is a family member, spouse, boyfriend, girlfriend, or roommate/cohabitant, the offense will be considered domestic violence instead of an assault or assault and battery.
If you have been charged with the crime of domestic violence, you face penalties such as jail time, expensive fines, or extensive probation. This crime can be considered a violent crime, especially if serious bodily injuries occurred.
There are two types of domestic violence. Domestic assault – as defined by Michigan Penal Code 750.81, domestic assault cases do not need to involve a bodily injury. A defendant can still face charges and penalties, such as jail time and fines even if there is not a bodily injury. A first and second conviction for domestic violence or domestic assault are misdemeanors. A third conviction for domestic violence or domestic assault is a felony and may result in up to five years incarceration and/or a $5,000 fine.
Aggravated domestic assault is the second type of domestic violence and is defined by Michigan Penal Code 75.81a. Aggravated domestic assault or aggravated domestic violence is charged when a victim suffers injuries that require medical care. A first conviction is a misdemeanor, with a penalty of one year or less incarceration and a $1,000 fine. A second conviction is a felony with a penalty of up to two years incarceration and a $2,500 fine.
When you face a domestic violence charge, you not only face the penalties imposed by the statute, but you also face consequences to your family life and work life. If you are convicted of domestic violence you may lose access to your children, parental rights, or parenting time rights. If a judge determines someone is a threat to their children because of prior convictions, such as domestic violence or domestic assault, visitation could be limited or terminated, or you could be subjected to court-ordered supervision with your children.
Society treats domestic violence and domestic abuse seriously. Oftentimes, family and friends will take the side of the victim without knowing the whole story. This can lead to hardships with friends and family and possibly even within your job or community. We are an experienced criminal defense firm that works to clear your good name and get your life back to normal.
To fight a domestic violence charge you need aggressive representation, especially where there is no injury. These cases take on a "he said/she said" type of situation where one party is accusing the other of violence/assault/harm based on nothing more than words alone. If it can be shown that the accuser is not truthful when speaking to the police or is telling inconsistent stories, it can undermine the individual's statements. These types of accusations happen quite often, for a number of reasons and motives, or even when a verbal argument with your spouse or significant other gets out of hand and calls the police, even though there was no actual violence.
Choosing the right criminal defense attorney is critical to your case. At Tanis Schultz we know the ins and outs of Domestic Violence crimes. This charge is one of our main practice areas and we know how to fight these charges successfully for our clients. We handle every case with integrity, tactfulness, wisdom, and experience. Facing a charge such as domestic violence can change your life. We are here for our clients every step of the way, We develop individualized and tailored defenses specific to your situation. We communicate with our clients, directly. We keep our clients informed. We offer case-specific options to our clients to develop the best outcome that they want. Most importantly, we fight for our clients.