A misdemeanor can start off with fines and followed by a graduated level of penalties. Domestic violence can start you off with a trip to jail. Your first offense, true or not, will get you into serious trouble the second time. So, what do I do if I’m charged with domestic violence for a second time?
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The problem with most misdemeanors is that there’s the enhancement of the sanction. Enhancement happens when a person has many violations. A good example is speeding.
You’re caught going 55 in a 40, once, twice, three times.
You can get caught many times doing the same thing and collect a series of citations. While it may result in a lousy record, it isn’t going to change the fact driving 55 in a 40 means X amount of points. The X amount of points are then multiplied by X amount of dollars in fines. And that’s it.
In criminal violations, many violations of the same thing could result in a bigger sentence.
What is domestic violence?
Domestic assault and aggravated domestic assault are the two types of charges. They fall under the umbrella of domestic abuse. Depending on the crime and the number of times committed, each one has a different set of punishments. A domestic assault charge considered a misdemeanor may, in some cases, can upgrade to a felony.
Domestic assault.
In Michigan, committing a domestic assault is either a crime or a misdemeanor. Even if the victim not harmed, the prosecutor will still go for domestic violence. Your third offense is a felony, but the first two offenses are misdemeanors:
[ a ] For your first domestic assault offense, you will be charged with a misdemeanor. This carries a penalty of up to $500 in fines and/or 93 days in jail.
[ b ] A second domestic assault charge is still a misdemeanor, which carries a $1,000 fine and/or a year in jail as possible penalties.
[ c ] If you are accused of a third offense, you face a felony charge, which carries a maximum penalty of five years in prison and/or a fine of $2,500.
If you’re found guilty of a criminal domestic assault, your sentence may also include community service, anger management classes, two years of court-ordered probation, or five years if it was a felony.
Domestic violence misdemeanor charges are still exclusively heard in district court. If the accusations are upgraded to felonies, your case will be handled in district court first before moving on to circuit court. The county where the attack occurred will hear your case, whether it is in the district or circuit court.
Aggravated domestic assault.
“Aggravated domestic assault” denotes an incident in which the victim had critical injuries. These injuries require medical treatment right away. You can still be charged with a misdemeanor for an aggravated domestic assault if it’s your first time. Not all aggravated domestic assault charges will result in a felony.
[ a ] A misdemeanor aggravated domestic assault, gets up to a year in jail, pays a $1,000 fine, or both.
[ b ] A second conviction for aggravated domestic assault is a felony. It carries a maximum five-year prison sentence.
Prosecutors may also request felony prosecution for a first offense in the following circumstances:
[ a ] assault with a deadly weapon can expect up to four years in prison.
[ b ] Assault with the goal of hurting someone seriously can expect up to 10 years in prison.
[ c ] Assault through asphyxia or strangulation can expect up to 10 years in prison.
A domestic assault and an aggravated domestic assault are cases in a district court. Circuit court handles felony crimes. Felony crimes are under the county where the assault incident took place.
Why you should have your first offense domestic violence case dismissed?
Why is dismissing the first offense in domestic violence important?
How you handle the first domestic violence case determines the outcome of the next.
It is possible that a person charged with an offense didn’t do it.
Maybe they were having an argument with their spouse. The neighbor calls the police. The spouse gets charged with domestic violence. First offense.
It’s your first offense. No big deal. You’ve never done anything wrong in your life before. You’re thinking of pleading guilty. Get it over with. Get a slap on the wrist. You’re thinking, bring it on. Take the charge. You can still move on with your life and not risk going to jail. Do that. You’re saying to yourself, you don’t need to worry about this.
Maybe you’re right.
The problem is the second time.
One fateful night, you come home. You got too much to drink. You hit your child. You hit your husband or you hit your wife. Now this time, you’re actually guilty of domestic violence.
Now, you’re looking like a recidivist. You’re now seen as somebody who’s committed domestic violence before. You plead guilty the first time, remember?
Now the court has to take very close attention and put you in jail
Why will a judge do that?
Not that these offenses are worse. It’s not the first time you’ve done it. It seems you didn’t learn your lesson the first time around. This is the way the court views it. A few years down the road you may have a second offense or third offense.
It becomes important to deal with this. It all underscores how important that you dismiss a domestic violence charge. Even a first offense.
You have to make sure your domestic violence charge is not characterized as the second. Taking up the first one and having the first one dismissed.
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