Michigan Domestic Assault & Domestic Violence Defense Attorney
In Michigan, facing domestic violence charges can have profound legal and social repercussions, potentially tarnishing one’s reputation significantly—even if the accusations are unfounded. Society emphasizes the importance of reporting abuse, yet it is equally critical to ensure that the narrative presented in court and to the public is fair and balanced.
Given the severe implications of these charges, securing a skilled domestic violence defense lawyer is crucial.
The criminal defense team at Kelly & Kelly P.C has extensive experience in handling such cases. If you find yourself accused of domestic violence, contact our domestic violence defense attorneys for a confidential consultation today.
Navigating Domestic Violence Accusations in Michigan
The state of Michigan defines domestic violence as any assaultive or violent behavior committed by one person against another within a domestic relationship. The offenses may be physical, sexual, financial, or emotional. Some domestic relationships include: married couples, current, or former dating partners, former spouses, children, family, household members, or individuals who share a child. Basically, the target may be anyone within a domestic relationship.
Which Crimes Are Considered Domestic Violence?
Under Michigan law, numerous crimes may be considered acts of domestic violence. Examples include:
- Stalking- Following, continually calling, harassing, or threatening another person is a crime. If the person has asked you to stop and you continue, this may cause them to fear you and seek a protection order.
- Criminal Sexual Conduct- Any non-consensual sexual act is a crime.
- Physical Assault- Attacking anyone with or without a weapon with the intent to do bodily harm is a serious crime.
- Unlawful Imprisonment- Similar to kidnapping, it is a crime to prohibit someone in a domestic relationship from leaving the house.
- Harming a Pregnant Woman-Doing anything that causes a pregnant woman to lose her child is a crime.
- Arson- Starting a fire is a crime, even when no one is injured.
- Damaging Property- For example, slicing a former spouse’s tires would be a crime.
- Emotional Abuse- Constant yelling, belittling, or ignoring a partner, or child is an example of emotional abuse.
- Financial Abuse- Restricting access to finances to a family member, or stealing money may be a part of a domestic violence case.
What Should I Do If I Am Accused of Domestic Violence?
A domestic violence accusation is a serious matter. In Michigan, the legal consequences may be severe if charged or convicted. So, it remains important to do the following:
- Stay calm- If you are arrested, say nothing until you speak to an attorney.
- Call an experienced domestic violence defense attorney even if you are not arrested.
- Do NOT contact the accuser.
- Gather evidence. Your attorney will advise you on this matter.
What Happens If I Am Charged With Domestic Violence?
If you are charged with domestic violence, follow the above listed advice. Additionally, if the charged incident took place at your home, you will possibly be asked to leave. You may be asked to hand over any weapons, and post a bond.
What If I Am Falsely Accused of Domestic Violence?
Sadly, this does happen. Sometimes in child custody cases, or when there’s a difficult break-up, one party may accuse the other person of this horrible crime. Regardless, Michigan law is very strict regarding domestic violence accusations. So, even though you are innocent, say NOTHING until you speak to an attorney.
Call an experienced domestic violence defense attorney immediately to protect your rights. It’s important to note that the Michigan Penal Code prohibits making false accusations. Therefore, falsely and maliciously accusing another is a crime. So, the person accusing you may be prosecuted after you clear your name.
Possible Legal Penalties If Convicted of Domestic Violence
Legal penalties vary depending on crime and injuries. For instance, a first conviction may be a misdemeanor, or felony (if serious bodily harm is involved). Often, probation, fines, community service, counseling, or jail time may be included at sentencing.
On the other hand, a second conviction may be a felony with up to five years in prison and/or a $5000 fine. Consequently, each case is different and requires legal expertise. So, contact an experienced domestic violence defense attorney if you are ever accused of this type of crime.
