DOMESTIC VIOLENCE IS ONE OF THE MOST FALSELY REPORTED CRIMES
Domestic violence cases are prevalent throughout the courts of Michigan. Generally, courts in Wayne, Oakland, Washtenaw, and Macomb Counties handle domestic violence cases per the Michigan Domestic Violence Statute, MCL 750.81.
With over 54,000 cases reported in Michigan in 2004, the domestic violence charge is among the most frequent. Assault & Battery cases can involve misdemeanor or felony charges, with possible jail time.
Enforced daily, the first offense domestic violence charge is the most frequently occurring domestic assault misdemeanor in Michigan. If you or a loved one is charged with domestic violence, there are a number of key issues to consider.
First, is the possibility of serving jail time. While some courts vary from the norm, and unique facts play their role in each case, probation is the traditional sentence. With that said, certain circumstances will result in imminent jail time. A first offense domestic violence charge could require up to 93 days incarceration, with any plea resulting in fines, costs, probation, classes, and abstention from alcohol and drugs.
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While a 1st offense domestic charge can be intimidating and the source of great worry, the Michigan legislature includes a deferral program for first time domestic violence offenders. A first time offender can plead guilty under the deferral, do a gargantuan amount of probation, and have the charge dismissed upon completion.
A second offense domestic violence charge in Michigan is penalized more severely. First, the punishment for a second offense is one year of jail in addition to excessive fines and costs. Furthermore, the probability in at least some jail time is likely for second offenders, whether it is an Oakland, Wayne, Macomb, or Washtenaw County District Court.
To be charged with felony domestic violence you or a loved one must have two previous convictions for domestic violence. At the felony level, any conviction has a strong indication of jail and the possibility of up to two years in prison with fines and costs as high as $2,500.00.
Domestic violence is one of the most falsely reported crimes and can result in false accusations and arrest. An experienced criminal defense lawyer who understands the intricacies of Michigan domestic violence laws can discover the tools to potentially prevent a conviction in a criminal trial, negotiate a plea bargain, or seek a dismissal in the case of a false claim. The right defense attorney understands the strengths and weaknesses of each case and will be able to provide the greatest defense possible in a domestic violence charge.
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If you have been charged with a felony or a misdemeanor, the most important thing you can do is choose the right lawyer. Rudoi Law will fight for you and your rights so that you get the best results possible. Contact us right away to get someone on your side who fight for you.