DOMESTIC VIOLENCE

Domestic violence cases are more complex in nature because a bulk of the evidence obtained by police officers is witness testimony. That means in many cases, it becomes some variation of a he-said-she-said. Furthermore, these cases not only affect you and the alleged victim, but they can have an adverse effect on your entire family. These cases are highly emotional, and because so much relies on the testimony of the alleged victim, these cases often go to trial to ensure that both sides are heard and that the alleged victim is consistent and credible.

What makes an assault case domestic?

An assault cause will be deemed to fall under the violence umbrella if the alleged crime was domestic in nature. That means a crime directed towards:

  • A current or former spouse
  • An individual with whom you have or had a dating relationship with
  • A person who shares a child with you
  • Someone who lives or formally lived with you

Evidence in a Domestic Violence Case

Common types of evidence in a domestic violence case:

  • Your statements
  • Witness testimony
  • Written witness statements
  • 911 calls
  • Audio and video
  • Photographs
  • Medical records
  • EMS records

Defenses to a Domestic Violence Charge:

The prosecution will present any and all evidence and testimony to try and secure your conviction. However, there are certain defenses you can raise. These defenses may result in an outright dismissal or a reduced charge.

The most common defense to domestic violence charge is self-defense. This stems from your right to respond with a reasonable level of force when under physical attack. If applicable, an attorney could argue that any unwanted touching you did was because you were only trying to protect yourself.

Penalties

The punishment for a domestic violence conviction varies depending on if you have ever been convicted of the same crime before, and the extent of injury.

A domestic violence conviction can result in:

  • Up to $500 in fines
  • Up to 93 days in jail

A domestic violence – second offense conviction can result in:

  • Up to $1,000 in fines
  • Up to 1 year in jail

A domestic violence – third offense (felony domestic violence) conviction can result in:

  • Up to $2,500 in fines
  • Up to two years in prison

If charged with domestic violence, speak to an experienced Michigan domestic violence attorney immediately. Call us at (248) 571-7003 for a free initial consultation.

AGGRAVATED DOMESTIC VIOLENCE

In cases where law enforcement gathers evidence of a serious injury that is inflicted as a result of the assaultive contact, you may be charged with aggravated domestic violence. Serious injury is where the alleged victim must seek medical treatment, has impaired health, or is disfigured as a result. Aggravated domestic violence can be filed as a misdemeanor or as a felony, depending on if you have a prior conviction.

Penalties

The punishment for an aggravated domestic violence conviction varies depending on if you have ever been convicted of a prior domestic violence.

An aggravated domestic violence conviction can result in:

  • Up to $1,000 in fines
  • Up to 1 year in jail

A second offense felony aggravated domestic violence conviction can result in:

  • Up to $2,500 in fines
  • Up to 2 years in prison

If charged with aggravated domestic violence, speak to an experienced Michigan domestic violence attorney immediately. Call us at (248) 571-7003 for a free initial consultation.

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