Top Macomb County Domestic Violence Lawyer

If you’re looking for a top Warren, MI domestic violence lawyer to represent you in Macomb County or anywhere else in Michigan, you’ll want to call my firm today. Over the years I have handled countless domestic violence cases. Often times these cases are great for trial because the evidence can be severely lacking or the person making the accusation has a credibility issue or biases. Even if the case against you is strong, it’s very possible to get a good result.

Experienced Domestic Violence Lawyer

A big key to fighting a domestic violence case is having an experienced domestic violence lawyer. These cases are extremely common and many lawyers handle them, but not many lawyers have won these cases at trial. I have taken many assaultive cases to trial and have gotten Not Guilty verdicts. When I take your case, it means I won’t be afraid to take it to trial, if that’s what would be best for your case. While taking the plea might be an easy thing to do, it’s not always the right thing to do. Every case, including yours, is unique and will get the care and attention it deserves.

Penalties for Domestic Violence in Michigan

Domestic Violence cases are serious charges. Penalties include:

• Up to 93 days in jail for a first offense
• Up to one year in jail for a second offense
• Up to five years in prison for a third offense
• Up to ten years in prison if the domestic case includes Assault with Intent to Do Great Bodily Harm Less than Murder/Strangulation
• Additional years in prison for habitual felony offenses
• Loss of firearm rights
• No-Contact Orders with your own home that can limit your ability to see your children
• Extensive probation including 26 week or 52 week domestic violence classes
• Anger Management
• Burdensome court fines and costs
• Immigration consequences for non-US citizens.

Can You Help Me Keep a Domestic Violence Charge Off My Record?

If it’s your first offense for misdemeanor domestic violence the Prosecutor may offer you a “great deal” that will “keep it off your record.” But there will always be a “private” record of the offense. You might hear this referred to as a “769.4a” plea or a “non-public deferral.” This refers the statute in Michigan that authorizes these pleas (MCL 769.4a). If a person pleads guilty to a first offense domestic violence and has no prior assaultive convictions of any time the court will defer a judgement of guilty, seal the matter from general public records, and it’s not “technically” considered a conviction under Michigan law.

While it won’t usually be publicly accessible to most background checks, it will be seen on other more sensitive background checks. And the police and prosecutors will always know about it. Furthermore, if you violate probation at any time the matter can always go back “on your record” and result in a public conviction. If you were to ever commit another act of domestic violence, you would still be charged with a 2nd offense with a maximum length of jail of up to one year, even though your first offense was “off your record.”

Furthermore, a non-public domestic violence charge might help you get a Michigan CPL again, but will still affect your federal firearm rights. All that to say, a 769.4a plea to “keep it off your record” is a great plea if the case against you is strong. But it’s not always so great if the case against you is weak. This is why you need to discuss your case with a top Macomb County domestic violence lawyer.

So Should I Just Try and Keep It Off My Record?

The best way to “keep it off your record” is to outright win the case. By that I mean get a Not Guilty trial verdict. While the non-public plea is a great option for strong prosecution cases, it’s not always the best option. While no attorney can guarantee a trial result, a Not Guilty verdict means no private record, no probation, no months and months of domestic violence and anger management classes, etc. Sometimes clients are quick to want to “take the plea” even though there exists no physical evidence, or exists a very good self-defense claim, and the person making the accusation is lying. Sometimes it comes down to a “he-said/they-said” type case and is hard for the prosecution to prove.

In fact, many prosecutors hate taking these cases to trial because their cases fall apart frequently.

Call Today!

Call Barnwell Law today to hire a top Macomb County domestic violence lawyer . I have had countless domestic violence cases dismissed because they fell apart prior to trial, or have outright won the cases before a jury. Other times, the case against you is strong and the risk of jail or prison can be a very real risk, but I will help you minimize the damage to your future. Whatever your situation, call today at (810) 394-2952 and let’s discuss your case.