Courts in the Upper Peninsula of Michigan take domestic violence and abuse cases very seriously. If found guilty, you may face serious jail time or prison sentences, heavy fines, and lifelong consequences. Just being accused of domestic abuse can greatly harm your reputation and other aspects of your life. If you are under investigation for domestic assault, you need to contact a skilled domestic violence attorney in your area. An Upper Peninsula domestic violence lawyer can help build your case and protect you from a wrongful conviction.
Domestic Violence Charges in the Upper Peninsula | Berger Law
Domestic Violence cases are similar to assault and assault and battery cases. However, there is one key difference: the victim has a special relationship with the accused.
Because of this, domestic violence is just as complex legally as it is emotionally. Multiple statutes govern what constitutes Domestic Assault. Under MCL 750.81, prosecutors can charge someone with assault and battery against their spouse, former spouse, someone in a dating relationship with the accused, the other parent of the accused’s child, or someone that lives with or used to live with the accused.
To be convicted, the prosecution needs to prove that there was a threat to harm and there was some sort of unwanted or aggressive physical contact.
MCL 400.1501 further details domestic and sexual violence. This statute prohibits:
- Causing physical or mental harm to a family or household member.
- Causing a family or household member to fear physical or mental harm.
- Threatening or forcing a family or household member to engage in unwanted sexual activity.
- Any activity toward a family or household member where they feel terrorized, frightened, intimidated, harassed, or molested.
As you can see, the terms surrounding domestic violence are quite broad. For this reason, it’s easy for charges to be brought against the accused over a simple misunderstanding. A seasoned attorney can help straighten out all the facts, ensure the full story is told, and possibly get the charges dismissed.
What Are The Penalties For Domestic Assault Charges?
The penalty for domestic assault where the victim isn’t injured is as follows under MCL 750.81:
- First Offense: Maximum of 93 days in jail, a fine up to $500, or both
- Second Offense: Maximum of 1 year in jail, a fine up to $1000, or both.
- Third Offense: Maximum of 5 years in prison, a fine up to $5,00, or both.
The penalties for aggravated domestic assault where the victim is seriously injured are as follows under MCL 750.81a:
- First Offense: Maximum of 1 year in jail, a fine up to $1,000, or both.
- Second Offense: Maximum of 5 years in prison, a fine up to $5,000, or both.
What Are The Consequences Of Domestic Violence In Michigan?
Family feuds can get messy fast. Tempers flare, actions escalate, and accusations are thrown. In tense situations, misinterpretations are common. Words are often twisted around and false allegations are made in the heat of the moment. What’s worse is that sometimes these allegations are made just to gain a legal advantage in a divorce or custody battle. This could seriously damage the accused from being able to visit or have custody of their child.
Before you know it, the police are involved. Hiring a local domestic assault lawyer could be your best chance at protecting your reputation and preventing a wrongful conviction. Acquiring the right legal counsel right away could greatly increase your chances of mounting a winning defense.
Reach Out to a Domestic Violence Attorney in the Upper Peninsula
Berger Law sees a lot of domestic violence cases. We understand that these situations are often complex. Emotions are running high, the truth is often misconstrued, and you want this to be over as quickly as possible.
Our team is dedicated to clearing everything up for you. We have a private investigator who will turn over every rock, analyze every fact, and ensure that the true story is told. Call us now.