Domestic Violence Lawyer - Marquette

Michigan courts are very tough on domestic violence. Local prosecutors treat claims against alleged domestic abusers very seriously. Convicted offenders face harsh penalties, including hefty fines, community service obligations, and prison sentences. Even an accusation of domestic abuse can have a damaging impact on a person’s life. If you are under investigation, you should work with an experienced Marquette domestic violence lawyer. Contact Berger Law today to schedule your free case evaluation with our seasoned legal team.

The Damaging Effects of Domestic Abuse Allegations

When family members get together, tempers flare, and actions escalate. In these tense situations, people can misinterpret each other’s actions, words, or intentions. Other times, people can be tempted to make false accusations in the heat of the moment. They might even want to gain a legal advantage in a divorce or custody battle, which could prevent the accused from having visitation or custody rights of their children.

Regardless of the reason behind the claim, any allegation of domestic abuse could hurt the accused’s life in many ways. If a spouse or former spouse tells a police officer that there was an incident of domestic violence, the police could immediately and forcibly remove the accused from their home, even if there is no evidence of abuse. A local Upper Peninsula criminal defense lawyer could devise an effective defense strategy that best protects the defendant’s rights and future.

What is Domestic Violence in Marquette?

State legislature addresses domestic violence in more than one statute.

Domestic Assault and Battery Statute

Under Michigan Penal Code § 750.81, a person can be charged with assault and battery of their spouse, former spouse, someone in a dating relationship with the accused, the other parent of the accused’s child, and someone who lives or used to live with the accused.

To be convicted under this statute, prosecutors would need to prove that the accused threatened to harm the other person and then made some form of unwanted or aggressive physical contact. Penalties for convictions under this statute vary from misdemeanors to felonies, depending on whether it was the accused’s first offense or if they are a repeat offender.

Domestic Violence Statute

Michigan Compiled Laws § 400.1501 also addresses the issue of domestic and sexual violence. The statute prohibits any actions that:

Cause or attempt to cause a household or family member mental or physical harm
Cause a household or family member to be afraid of harm
Cause or attempt to cause a household or family member to engage in involuntary sex acts
Cause a household or family member to feel molested, harassed, threatened, or frightened

In addition to the categories of people included in the domestic assault and battery statute, this statute also prohibits violence against the accused’s minor children. Seasoned attorneys have extensive experience preparing successful defense strategies.

Defending Against a Domestic Violence Charge

Defending against a domestic violence charge requires a meticulous and strategic approach to ensure that the accused’s rights are protected throughout the legal process. One of the most critical components of a defense is scrutinizing the facts and evidence presented by the prosecution. A skilled attorney will carefully analyze police reports, 911 call transcripts, and witness statements to identify any inconsistencies, contradictions, or procedural errors.

Additionally, an experienced defense attorney can work to discredit the motivations behind the accusations. In some cases, the alleged victim may have personal reasons for making false or exaggerated claims, such as a desire to gain leverage in family law matters, like child custody disputes or divorce proceedings.

Self-defense is another important defense strategy. Michigan law allows individuals to use reasonable force to protect themselves if they are in imminent danger of harm. If the accused can demonstrate that their actions were taken in response to a legitimate threat or act of aggression by the alleged victim, the defense may argue that they acted in self-defense and should not be held criminally responsible for the incident.

Furthermore, a defense attorney may challenge the credibility of witnesses or the reliability of physical evidence. In many domestic violence cases, the only evidence against the accused is the testimony of the alleged victim. If this testimony is inconsistent, unreliable, or contradicted by other evidence, such as medical reports or photographs, the defense may argue that the prosecution has failed to meet its burden of proof.

In some cases, it may also be possible to negotiate a plea deal or alternative sentencing options that minimize the long-term consequences of a domestic violence conviction. A knowledgeable attorney can explore the possibility of reduced charges, diversion programs, or other alternatives that could help the accused avoid jail time and keep their record clean.

Let a Marquette Domestic Violence Attorney Help You

Domestic abuse cases are legally and emotionally complex. Our Marquette domestic violence lawyers know how to review the evidence and use the correct legal avenues to obtain the best possible outcome. If you are facing criminal charges, an experienced domestic violence lawyer could work with you to handle the matter quickly, efficiently, and sensitively. Reach out to our firm as soon as possible to arrange a consultation.