Assault and Battery & Domestic Violence

Being charged with assault and battery in Michigan is a very serious matter. To put this in perspective, convictions carry penalties ranging from a Misdemeanor up to 1 year in jail, to a Felony punishable by 25 years to life! Even if you were acting in self-defense, without witnesses or video, you could potentially face penalties. As a result, it’s important to protect your rights and affirm your innocence.

As experienced Michigan criminal defense lawyers, Kelly & Kelly can protect your future and present your case with proper facts/evidence to the prosecutor and judge.

Self-Defense

In order to determine whether or not a person was acting in self-defense, the facts and circumstances of the incident must be taken into consideration. If you’re being charged with a violent crime in Michigan and you believe you acted in self-defense, it’s important to have experienced legal counsel representing your best interests.

According to the Self Defense Act in Michigan,

“An individual who has not or is not engaged in the commission of a crime at the time he or she uses force other than deadly force may use force other than deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if he or she honestly and reasonably believes that the use of that force is necessary to defend himself or herself or another individual from the imminent unlawful use of force by another individual.” (Michigan Legislature, 2006)

Michigan Domestic Violence Crimes

Domestic Violence (DV) crimes in Michigan generally carry heavy penalties. It’s not uncommon for police to arrest a suspect when only hearing one side of the story. Furthermore, Prosecutors and Judges are quick in making decisions such as the enforcement of a “no contact order.”  Whether you’re a victim of domestic violence, being wrongfully accused, the Michigan domestic violence lawyers at Kelly & Kelly are here to help ensure the Court hears both sides of the story and that legal rights are upheld for our clients.

Criminal Attorney Mike Kelly Discusses Domestic Assault

Domestic Violence v.s Assault and Battery

Domestic Assault charges in Michigan have varying punishments ranging from a 93 day offense to a 5 year felony. The Michigan Legislature differentiates between a general assault and battery charge and domestic violence by determining whether or not the individual’s are in a “dating relationship.” For example, according to the Michigan Legislature MCL 750.81(2),

“dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.” (Michigan Legislature, 2017)

What If The Assault Occurred After a “Break Up?”

Regardless of whether the assault occurred before or after a “break up,” if it’s determined that the individuals are/were in a “dating relationship,” the suspect can be charged with domestic violence in Michigan.

Aggravated Domestic Violence

Simply put, Aggravated Domestic Violence is when the victim suffers a serious injury. For instance, a serious injury may involve disfigurement, medical treatment, physical impairment, etc. If Aggravated Domestic Violence is proven, then the perpetrator is charged with a 5 year felony offense. If the perpetrator has a prior criminal record, this punishment may be extended.

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Criminal Defense Attorney Mike Kelly

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