Michigan prosecutes domestic violence charges aggressively. While crimes of this nature should be taken seriously, there are cases where people face these charges for an unjust cause. If you have been arrested or charged with a form of domestic violence, such as assault, stalking, or other forms of abuse or harassment, do not gamble with your future. Let a hard-working defense attorney advocate on your behalf. A Manistique domestic violence lawyer could work to help you reach the best potential legal outcome in your circumstances. Call today if you have questions or to schedule a consultation.
What Could Lead to a Domestic Violence Charge in Michigan?
There are many different forms of domestic violence. In general, this charge refers to violent or aggressive behavior towards a family member, spouse, former spouse, child, or other person who lives or used to live in the household. Any form of unwanted physical contact can result in assault and battery charges. However, a person can face assault charges even if they do not physically harm someone else. Michigan Compiled Laws § 400.1501 prohibits any actions that:
- Cause a household or family member to be afraid or feel threatened or harassed
- Attempt to cause physical or mental harm
- Cause or attempt to cause a family or household member to engage in involuntary sex acts
A Manistique domestic violence attorney could review the specifics surrounding an individual’s charges or arrest to determine the best course of defense for a particular scenario. This could include looking for procedural errors that might have violated the accused’s constitutional rights or inconsistent stories within the prosecution’s case.
Domestic Assault and Battery Penalties
When a law enforcement official places an individual under arrest for domestic violence and battery, they will often face penalties, including expensive fines and additional jail time. Under The Michigan Penal Code § 750.81, a person convicted of a first-time offense of assault against a person they are married to, used to be married to, are in a relationship with, or shares a minor child with, is guilty of a misdemeanor. This will result in a mark on their permanent criminal record, up to 93 days spent in jail, and court fees and fines of up to $500.
A person found guilty of assault who has a previous domestic violence conviction on their record will receive an additional misdemeanor charge. They also face up to $1,000 in fines and one year in jail. In addition, those facing allegations of harm against a household member could be forcibly removed from their home and children under strict protective orders. A domestic violence attorney in Manistique could help individuals understand their specific charges and strategize the best way to protect their future.
Enlist the Services of a Manistique Domestic Violence Attorney for a Fierce Advocate
A domestic violence conviction of any type carries a stigma that can have adverse effects on your life for many years to come. If you are facing charges of assault, spousal abuse, child endangerment, or any other type of harm against a family or household member, it is vital to begin working on your defense strategy immediately. Even if the court date is months out, the longer you prepare, the better your chances of a favorable legal outcome.
Contact an experienced Manistique domestic violence lawyer at Berger Law to set up a time to meet.