What does it mean to have a domestic violence charge in The State of Michigan? In this blog, we will be going over what domestic violence is, what happens the first time you are charged with it, and other information about the matter. If you have any questions about domestic violence call Goldman and Associates today to learn more.
Understanding the Impact of a Domestic Violence Charge in Michigan
Domestic violence is violent or aggressive behavior within the home, typically involving the violent abuse of a spouse or partner. A domestic relationship can be any one of the following:
- A spouse or other family member
- The unmarried parent of your child
- Someone you are living with or have lived with previously
- Anyone you have ever been romantically involved with
Domestic violence is not just a family matter or another argument, but a crime in The State of Michigan. If there is any kind of violence or abuse that is harming another individual the police need to be involved to protect the victim and remove the offender. If you or someone you know have experienced any of these things listed above call the police or a local domestic violence support group as soon as possible.
What happens when I am charged with domestic violence?
Like many other states, Michigan makes acts of domestic violence criminal offenses. The two primary crimes of domestic violence are domestic assault and domestic assault and battery. The two terms are given identical legal treatment and are basically interchangeable. They are really just modifications of pre-existing assault/assault and battery offenses based on the victim being a spouse or in a dating relationship with the perpetrator. Domestic assault/domestic assault and battery is a misdemeanor punishable by 93 days in jail and a $500 fine (The same as non-domestic assault/battery).
If the victim suffers a severe or aggravated injury, then the penalty is bumped up to 1 year in jail and a $1000 fine. However, if one is convicted of domestic assault/battery and has one of several enumerated domestic or non-domestic violence crimes; then the possible sentence will be enhanced to 1 year in jail and a $1000 fine. In the case of an otherwise non-domestic violence crime, the enhancement only applies if the victim was a spouse, dating partner, co-parent, or former household resident. The enumerated prior domestic violence crimes are as follows:
- Assault
- Assault and Battery
- Felonious Assault
- Assault with intent to commit murder, maim, or cause great bodily harm
- A conviction in another state that is substantially similar to any of the crimes listed above.
For a first offense domestic violence, even if the person is convicted, it is most likely they will not look at jail time. The court will however impose probation, possibly send you to anger management, community service, or other alternative sentencing. Even if there is a possibility of jail time, it is important you hire a lawyer to get the best results.
Keep in mind that none of these crimes are specifically “domestic violence crimes” aside from the relationship between the victim and perpetrator that makes this enhancement applicable. Even if a domestic violence event was charged with the standard assault/battery charge (rather than a Domestic assault/battery charge), it still counts. If there are two or more of these prior charges, then the new domestic violence charge can be enhanced to two years in prison and a $2500 fine.
Conclusion
Domestic violence is a serious issue that needs to be addressed. If you are ever charged with domestic violence make sure you talk to a lawyer before you doing anything else. For more information on domestic violence in the State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about domestic violence in Michigan.
Click the link to schedule a free case evaluation:https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=18529428
For more information visit:https://www.akivagoldman.com/michigan-legal-blog/michigan-divorce-lawyer/
You can give us a call for a FREE phone consultation at (248) 588-3333
https://www.youtube.com/watch?v=smy-iCwqB2o
Resources