A first offense domestic violence charge in Michigan, also known as Domestic Assault, is punishable by up to 93 days in jail and fines and costs. A second offense is punishable by up to one-year in jail with fines and costs. And a third domestic violence offense is punishable by up to 5 years in state prison. Prosecutors around the state take these charges very seriously. Many counties, such as Macomb County, have a "Special Unit Prosecutor" that handles domestic violence cases. Cities such as Warren and Roseville have a high volume of Domestic Violence cases, but these cases are charged in every single court throughout Michigan.
Oftentimes police arrive at the scene and basically flip a coin and make an arrest. In other words, it's not clear who the aggressor or wrongdoer is, but you can still be charged. This can be very difficult for married and dating couples. Once a case is charged, a Judge will almost always impose a "No Contact" order for the duration of the case. If a defendant violates a no-contact order, they can be jailed while the case is pending as a violation of bond. It is important not to rush a case with a guilty plea just for the sake of getting a no-contact order lifted.
Before losing hope and deciding to plea, contact William Barnwell of Barnwell Law today. The case may be very defective and a dismissal without a trial is a regular occurence with Domestic Violence cases. Other times, a case does have to be taken all the way to a full jury trial. Our attorney has tried both misdemeanor and felony assault cases before juries and has prevailed with Not Guilty verdicts. It is important that you hire somebody who has a winning record and can assess whether or not an assault actually occured or whether there is a valid claim for Self-Defense.
Prosecutors routinely complain about Domestic Assault cases because they can be difficult to prove at trial. If the case is a strong Prosecution case, our firm will help mitigate possibilities for jail and stringent probation. Call Bill today at 810-394-2952 to discuss your situation.