If you’re reading this case either you or someone close has been charged with domestic assault. This is an overview of the law and your options in a domestic assault case.
What is an Assault and Battery?This is how I explain an assault and battery to people. A battery is when I punch someone. An Assault is when I threaten to punch someone and have the present ability to carry out the threat, or a tried to punch someone and missed.
What is the “Domestic” in the Domestic Assault?A component of domestic assault is that the alleged offense was committed against a person the defendant:
The first step will be for your lawyer to begin an investigation and evaluation of the case before you go to Court. We obtain the police report from the prosecution or police and review the report with you. Relevant questions may be:
Personal protection orders are common in domestic violence cases. A person protection order (PPO) is a civil order that is separate from the criminal domestic violence case. The PPO restrains a person from contacting or assaulting another person.
You are able to challenge a PPO. A challenge to the PPO may be essential where the criminal case will go to trial.
We can file what’s called a motion to terminate the PPO. There will be a mini-trial similar to the criminal trial taking place later. This will give us valuable insights for the criminal trial.
A component of many domestic assault cases is a no-contact order. A no-contact order means you may not contact the person who has accused you of the assault while the case is pending and following a conviction. The no-contact order is similar to a PPO.
How Will the Case be Resolved?There are two ways to resolve a criminal case. The choice of resolution is up to the client.
The case may be resolved through a plea or plea bargain. This is where a person admits guilt in exchange for some sort of benefit in return.
For domestic assault cases, one options is to negotiate a plea where the case will be dismissed upon successful completion of probation. This is under MCL 769.4a.
Such a deal is not a guarantee in all cases, as every court is different. In some courts, obtaining such a deal is difficult to negotiate. In other courts, such a deal could be very common.
Taking the case to trial is the second way a case can be resolved. You have the absolute to trial.
Issues in TrialEach trial involves a unique story line. Every couple is different. The story must be communicated to the jury.
Trial by Jury or Judge?A trial can be with a jury or the judge making the final call on the verdict.
Generally, lawyers want jury trials. Having a jury of your peers listen to your story is the bedrock constitutional protection in our system.
Read More: Not Guilty Verdict in East Lansing Domestic Assault Case
There may be reasons to schedule a trial by judge, however. The decision should not be made lightly. Once you’ve decided to have a trial by judge you waive your right to trial by jury.
Two examples of why one might want a trial by judge and not jury.
Each case is different. We will evaluate the case for potential challenges and make the right decision for you.
End of the CaseA win at trial or dismissal of the case means you walk away. A conviction at trial or guilty plea will mean the case will proceed to sentencing. At sentencing, the judge will determine the consequences. Possible sentences:
At sentencing, you and your attorney may address the judge and make a statement.
We have represented clients in many domestic assault cases, taking cases to trial and negotiating pleas. We have experience representing clients on domestic assault charges in courts throughout metro Detroit and southeastern Michigan.
Contact UsCall Sam Bernstein at (734) 883-9584 or at bernstein@arborypsilaw.com.
Read more: Domestic Violence