Michigan Domestic Violence Lawyers

Prosecutors aggressively pursue domestic violence charges in courts throughout Michigan - even if the alleged victim indicates that they want to 'drop the charges.’ While these ‘no reduction / no dismissal’ policies were developed to protect victims of domestic violence from dangerous individuals, in practice they frequently result in people being charged based on uncorroborated and often-times weak evidence.

These policies begin with police departments. If the police show up to a domestic situation and there is an allegation of any type of assault or battery, someone is almost certain to be arrested. A police officer responding to a domestic situation isn’t going to risk leaving an alleged victim to possible further violence no matter how minimal the assault was that occurred. If some harm were to come to the victim after the police responded to the scene, the police department risks looking like they didn’t take an allegation of domestic violence seriously. So a police officer is going to make an arrest if there is a credible allegation of domestic violence. Failure to abide by this policy may result in the loss of their job.

And so it goes down the line throughout the criminal justice system. Prosecutors have the same policies. Prosecutors won’t simply dismiss a domestic violence charge just because a victim doesn’t want to proceed. Judges are the same - nobody wants to look weak on domestic violence. The bottom line: if you’ve been charged with domestic violence, don’t expect your case to be dismissed just because the victim changes his or her mind. You must be prepared to defend yourself in court.

What is the Punishment for Domestic Violence in Michigan?

The penalties for domestic violence under Michigan law are as follows:

• First offense domestic violence is a misdemeanor punishable by up to 93 days in jail and a fine of up to $500.00

• Second offense domestic violence is a misdemeanor punishable by up to one year in jail and a fine of up to $1,000.00

• Third offense domestic violence is a felony punishable by up to 5 years in prison and a fine of up to $5,000.00.

Additionally, a domestic violence conviction may prevent you from possessing a firearm, can have a long-lasting negative impact on your employment opportunities and it may prevent you from having contact with the alleged victim.

WHAT IS 749.4A?

Achieving a satisfactory outcome for a client charged with domestic violence requires a thorough understanding of both the facts in the case as well as the client’s personal circumstances. One size does not fit all - a resolution that works for one client may not for another. With that in mind, one of the potential possibilities is a plea pursuant to MCL 769.4a.

MCL 769.4a is a Michigan statute that allows for an individual who has not previously been convicted of an assaultive crime to plead guilty without having a criminal record. It is important to understand that the judge, the prosecutor and the victim all have to agree to this resolution. Convincing all of the parties required to go along with this can be difficult, but our firm has been able to arrange this outcome in many cases.

The way in which a 769.4a plea works is, once all of the required parties are in agreement, the defendant enters a guilty plea. This requires an admission on the record that the defendant committed an assault or battery on the victim. If the defendant is not able to admit doing so, this plea arrangement can’t be used.

Once the guilty plea is entered on the record, the Defendant will be placed on probation at the time of sentencing. Upon successful completion of all of the terms and conditions of probation, the court discharges the person from probation and dismisses the proceedings. Discharge and dismissal under this section is without adjudication of guilt and is not a conviction.

how to defend a domestic violence charge in Michigan

First and foremost, don’t plan on coming to court on your own expecting to have the charge dismissed because the victim doesn’t want to proceed. That’s unwise and likely a waste of valuable time that you could be putting to use in establishing your defense.

You want to hire the best Michigan criminal lawyers to defend you: call Jeffrey Buehner, PLLC. Our attorneys have decades of experience in defending both misdemeanor and felony domestic violence charges. We will obtain all of the evidence, police reports, police recordings, photos and witness statements to allow you to make an informed decision. We will work to find the best resolution to your case. If your case can’t be resolved, we’ll put our extensive courtroom experience to work in defending you at trial.

Just because you’ve been accused of a crime doesn’t mean you are guilty of the crime. The burden is on the prosecution to prove beyond a reasonable doubt that you are guilty. Prosecutors have all of the resources of the state in prosecuting your case. You’ve got your defense attorney. If you or a loved one have been charged with misdemeanor or felony domestic violence, don’t settle for anything but the best Michigan criminal defense lawyers: call Jeffrey Buehner, PLLC at (248) 865-9640 now.