michigan domestic assault | violence charges

Experienced Michigan Domestic Assault Defense Attorneys

Defending first offense, aggravated and felony domestic violence charges

If you’ve been charged with domestic violence in Michigan, it’s essential to act quickly. Whether facing a first offense misdemeanor domestic violence charge or a felony domestic violence charge, a domestic violence charge can have serious legal consequences including jail time. You need an experienced and aggressive Michigan domestic violence attorney who can protect your rights and help you navigate the legal system.

At Jeffrey Buehner, PLLC, our lawyers have the knowledge and experience you need to successfully navigate the criminal justice system. Our attorneys have defended clients against domestic violence charges in courtrooms throughout Michigan, including Detroit, Wayne County, Oakland County, Macomb County and Washtenaw County. Our skilled defense attorneys are dedicated to finding the best outcome for each client. Whether it means going to trial or negotiating a plea agreement, we know what it takes to aggressively defend domestic violence charges, keep our clients’ records clean and avoid jail. .

What to Do if You’re Charged with Domestic Violence in Michigan

Domestic assault charges in Michigan can be overwhelming, but it’s important to understand your rights and take the proper steps. If you’ve been arrested or charged with domestic violence in Michigan, consider these steps:

• Stay Calm and Cooperate with Authorities: Even though it’s a stressful situation, staying calm and complying with police instructions is crucial. Cooperation, however, doesn’t necessarily mean making any statement.

• Right to Remain Silent: You have a 5th Amendment Right to Remain Silent. If there is an allegation that you engaged in any type of physical contact, assaultive, or threatening behavior, the safest option is to contact an attorney before making any statement to the police. Remember: Any statement you make can and will be used against you in court.

• Avoid Contact with the Alleged Victim: Michigan law often requires no contact orders, so it’s essential to avoid any communication with the alleged victim, even if they wish to speak with you.

• Contact a Michigan Domestic Violence Lawyer Immediately: You need legal counsel to protect your rights and advise you on the next steps.

• Understand Your Options: A skilled Michigan domestic violence defense attorney can evaluate the evidence against you, help you understand potential defenses, and strategize the best course of action for your case.

is domestic assault a felony or misdemeanor under michigan law

Domestic Violence can be charged as a misdemeanor, including Aggravated Domestic Violence, or as Felony Domestic Violence. The factors that go into the decision regarding whether to charge as a misdemeanor or felony include whether it is a first offense, whether an aggravated injury was allegedly suffered by the victim, and a defendant’s prior criminal history. The penalties for each type of domestic violence charge vary significantly.

Domestic Assault (MCL 750.81) Penalties Include:

• 1st conviction (misdemeanor): up to 93 days in jail and/or $500 fine

• 2nd conviction (misdemeanor): up to 1 year in jail and/or $1,000 fine

• 3rd or more conviction (felony): up to 5 years in prison and/or $5,000 fine

Aggravated Domestic Assault (MCL 750.81a) Penalties Include:

Aggravated Domestic Assault can be charged if a victim receives a serious or aggravated injuries such as injuries requiring immediate medical attention. The Penalties Include:

• 1st conviction (misdemeanor): up to 1 year in jail and/or $1,000 fine

• 2nd conviction (felony): up to 5 years in prison and/or $5,000 fine

In addition to these penalties, any Domestic Violence sentence can result in numerous other punishments including probation, no contact with the victim, drug and/or alcohol testing, tether, counseling, permanent criminal record, firearm restrictions, restitution and community service.

other consequences for a Domestic Violence conviction in michigan

In addition to the civil and criminal penalties imposed by a court, a Domestic Violence conviction can have consequences beyond the courtroom that can negatively impact your personal and professional life, including:

• Loss of employment
• Difficulty finding housing
• Damage to your reputation
• Restrictions on child custody and visitation
• Impact on immigration status (for non-citizens)

Understanding the penalties associated with a Domestic Assault conviction is important in determining the best path to take regarding your case, as it may be possible to negotiate a plea resolution to your case that avoids a conviction, keeps your record clean and keep you out of jail. Our team can help you understand the full scope of penalties and work toward minimizing these consequences.

Common Defenses for Domestic Violence Charges in Michigan

Defending against a Domestic Assault case is obviously fact specific; any defense has to be tailored to the facts and background of each case. Nonetheless, there are several common potential defenses:

• False Allegations: If the alleged victim is lying or exaggerating the incident, it may be possible to call into question the truthfulness or accuracy of the allegations.

• Self-Defense: If you acted in self-defense during the altercation, it may be possible to use self-defense at trial.

• Lack of Evidence: It is not uncommon for Domestic Assault charge to arise in a situation where only the defendant and the victim were present. If the evidence is insufficient to prove the case beyond a reasonable doubt, we may be able get the charges dismissed or reduced or win an acquittal at trial.

• Witness Testimony: If there are witnesses who can support your version of events, this can be used in your defense.

how to keep your criminal record clean

If you have been charged with Domestic Violence, you may be eligible to keep the charge from becoming a conviction on your criminal record. Keeping your criminal record clear of a domestic violence conviction can help you to move forward with your life. Michigan statute MCL 769.4a provides a mechanism for certain Domestic Assault charges to result in a dismissal of the proceedings without a conviction after satisfying certain terms of probation.

Negotiating a resolution under MCL 769.4a should only be handled by an experienced Michigan criminal defense attorney. The judge and prosecutor will only agree to a 769.4a resolution with the agreement of the victim. A standard bond condition for a Domestic Assault charge is no contact with the victim. Your attorney has to know how to effectively communicate with all parties to reach the best outcome for you. Our skilled criminal defense team has knowledge and experience you are looking for. .

Why Choose the criminal defense lawyers at Jeffrey Buehner, pllc?

At Jeffrey Buehner, PLLC, we understand the emotional and legal challenges you face when charged with domestic violence in Michigan. Our experienced team is dedicated to providing compassionate and effective defense for clients throughout the state, including Detroit, Oakland County, Wayne County, Macomb County and Washtenaw County. We have a proven track record of successfully defending clients against felony and misdemeanor domestic violence charges. When you work with us, we will:

• Provide personalized legal counsel tailored to your specific situation
• Aggressively challenge the evidence against you
• Work to get charges reduced or dismissed when possible
• Keep you informed and empowered throughout the legal process

Contact a Michigan Domestic Violence Lawyer Today

If you are facing domestic violence charges in Michigan, don't wait to seek help. Contact us for a free consultation. We will evaluate your case, explain your options, and help you understand how we can best defend you. Call us today at (248) 865-9640 or fill out our online contact form to schedule a consultation with an experienced Michigan domestic violence attorney today.