Disagreements between partners or family members can become intense & uncomfortable. Sometimes, intense arguments will lead to accusations of domestic violence. People charged with domestic violence offenses often fear that a jury or judge will rule in favor of the victim, but in many cases, there are strong defenses that defendants can use to protect their rights & reputation. If you are faced with charges of domestic violence, then you should reach out to The Law Offices of Mais & Sible, Attorneys at Law. We have over 30+ years of combined experience & we have the tenacity to vigorously defend our clients in court for all domestic violent charges.
Domestic Violence in Michigan
Under Michigan law, any act that a person undertakes to cause or attempt to cause mental or physical harm toward a family or household member is considered domestic violence. Forcing or attempting to force a family or household member to engage in involuntary sex acts & engaging in activity toward them that would cause a reasonable person to feel intimidated or threatened is deemed domestic violence as well.
Most domestic violence charges come from an assault against a person with whom the person has a close relationship with. The statute pertaining to assault crimes states that a person who assaults or assaults and batters a current or former spouse, a current or former romantic partner, a person with whom he or she shares a child, or a current or former resident of his or her household is guilty of a misdemeanor punishable by up to 93 days in jail and a fine not to exceed $500. The Law Offices of Mais & Sible, Attorneys at Law, we may be able to help you to avoid conviction or reduce the penalties. The penalties are increased if it is a person’s 2nd or 3rd conviction.
In cases involving an assault that results in an aggravated or serious injury of a current or former spouse, romantic partner, or household member, or a person with whom the defendant has a child in common, the defendant may be charged with aggravated domestic assault.
People arrested for domestic violence crimes will not be released from jail on interim bonds established by the jail; instead, they must be held until they can be arraigned, or a judge or district court magistrate can set an interim bond. The interim bond can impose conditions on the person arrested, such as prohibiting contact with the victim.
Domestic Violence Defense
There are numerous defenses that have worked with our prior clients when charged with domestic assault that we can apply. As with any other criminal matter, the prosecutor is required to prove beyond a reasonable doubt that the defendant committed the charged offense, and if it cannot meet its burden of proof, the defendant should not be convicted. If the police did not comply with the proper procedure during the investigation of the crime, evidence obtained during the investigation may be deemed inadmissible, which could help avoid a conviction as well.
Many times people charged with domestic violence can successfully counter that their actions were taken in self-defense, and they were permissible under the law. In other cases, defendants may be able to argue that domestic violence allegations are false and were levied so that the victim could obtain a favorable position in a divorce or custody dispute.