Protecting Your Freedom.
It is not uncommon for disagreements between romantic partners or family members to become heated. In some instances, intense arguments will lead to accusations of domestic violence. People charged with domestic violence offenses often fear that a judge or jury will rule in favor of the alleged victim, but in many cases, there are strong defenses that defendants can assert to protect their rights and reputation. If you are faced with charges of a crime of domestic violence, it is prudent to seek the assistance of a Detroit domestic violence lawyer who is experienced in handling sensitive criminal matters. Ellen K. Michaels is a perceptive criminal defense lawyer who is mindful of the implications of a domestic violence conviction, and if she represents you, she will craft compelling arguments on your behalf to help you seek a just outcome. She represents people in Macomb, Oakland, Wayne, and Monroe Counties, and throughout the Detroit metro area.What Constitutes Domestic Violence in Michigan
Under Michigan law, any act that a person undertakes to cause or attempt to cause mental or physical harm or fear of such harm toward a family or household member is considered domestic violence. Forcing or attempting to force a family or household member to engage in involuntary sex acts and engaging in activity toward them that would cause a reasonable person to feel intimidated, harassed, or threatened is deemed domestic violence as well.
In Michigan, many domestic violence charges arise out of an assault against a person with whom the actor has a certain relationship. The statute pertaining to assault crimes states that a person who assaults or assaults and batters a current or former spouse, a current or former romantic partner, a person with whom he or she shares a child, or a current or former resident of his or her household is guilty of a misdemeanor punishable by up to 93 days in prison and a fine not to exceed $500. However, a domestic violence attorney in Detroit may be able to help a defendant avoid or reduce these penalties. The penalties are increased if it is a person’s second or third conviction. Notably, the statute does not specifically use the phrase “domestic violence” in reference to such actions.
In cases involving an assault that results in an aggravated or serious injury of a current or former spouse, romantic partner, or household member, or a person with whom the defendant has a child in common, the defendant may be charged with aggravated domestic assault.
People arrested for domestic violence crimes will not be released from jail on interim bonds established by the jail; instead, they must be held until they can be arraigned, or a judge or district court magistrate can set an interim bond. Additionally, the interim bond can impose conditions on the person arrested, such as prohibiting contact with the victim.Defenses to Domestic Violence
There are numerous defenses that people charged with domestic assault can assert with the assistance of a Detroit domestic violence attorney. As with any other criminal matter, the State is required to prove beyond a reasonable doubt that the defendant committed the charged offense, and if it cannot meet its burden of proof, the defendant should not be convicted. Similarly, if the police did not comply with the proper procedure during the investigation of the crime, evidence obtained during the investigation may be deemed inadmissible, which could help avoid a conviction as well.
In many instances, people charged with domestic violence can successfully argue that their actions were taken in self-defense, and therefore they were permissible under the law. In some cases, defendants may be able to argue that domestic violence allegations are false and were levied so that the victim could obtain a favorable position in a divorce or custody dispute.Meet With a Skilled Detroit Lawyer
Accusations of domestic violence often cause apprehension, but just because someone is charged with a crime does not mean that there is sufficient evidence to prove their guilt. If you are facing domestic violence charges, it is in your best interest to meet with an attorney to assess your options. Ellen K. Michaels is a skilled domestic violence lawyer in the Detroit area who can advise you on your rights and gather the evidence needed to help you seek a favorable result. Attorney Michaels has offices conveniently located in Detroit, Ann Arbor, Bloomfield Hills, and West Bloomfield, and she frequently helps people charged with domestic violence crimes in Macomb, Wayne, Oakland, and Monroe Counties, and throughout Southeast Michigan. You can reach Attorney Michaels to schedule a free meeting by using the online form or calling (248) 202-3345.