Ann Arbor Domestic Violence Lawyer, Represents Defendants in Michigan
Being charged with domestic violence, unfortunately, is a common occurrence. Frustrations and tensions between two parties in a home environment can quickly become heated and lead to a domestic violence charge. For example, this can occur between a husband and wife, parent and child, or between siblings. A participating party does not even need to call law enforcement for charges to be filed. A neighbor or witness can blow the whistle. An experienced Ann Arbor domestic violence lawyer knows that these cases can affect anyone regardless of age, gender, or socioeconomic class. A domestic violence charge is a misdemeanor in the state of Michigan. A domestic violence attorney can prevent this charge from going permanently on your record and negatively impacting your future.
What is Considered Domestic Violence in Michigan?
Domestic Violence is where a person committed either an assault or battery. These are defined as:
- Assault – Where the person threatened a battery with the immediate ability to do so, or made an attempted battery, or
- Battery – A violent, offense, or forceful touching that must be intentional and without consent.
The assault or battery must be against a
- Former spouse
- A person with a child in common
- A resident of same household or former resident
- A person with whom you have a dating relationship
First-Time Domestic Violence Offenders in Michigan
For people charged with domestic violence for the first time, there may be a plea bargain available which would keep the charge and conviction off your record. This is under the law MCL 769.4a, known as the Spousal Abuse Act. This will make the case non-public. This plea bargain option is not automatic or easy to obtain. This requires your Ann Arbor Domestic Violence Lawyer to advocate on your behalf to the prosecutor to make the plea bargain a reality. At ArborYpsi Law, we will learn about who you are as an individual so we can present your case to the prosecution and present you in the best light to the Court.
Michigan’s Trial Process: Our Ann Arbor Domestic Violence Lawyer Will Be There Every Step of the Way
Domestic violence trials are unusual and unique to the legal system. Unlike other types of trials, the prosecuting attorney is allowed to introduce additional evidence showing that you have previous domestic violence tendencies or charges in your past. Whether this is from an arrest, another case or a report that was never even filed, this can all become admissible evidence. The prosecution can have the victim recount past domestic violence or also subpoena other victims to testify.
ArborYpsi Law has taken many domestic violence cases to trial. We understand the dynamics in these cases and have the tools to win at trial.
In domestic violence cases, there are laws that provide the prosecution with an advantage they do not have in other trials. For example, prosecutor’s may introduce hearsay testimony from the accuser in trial. This is something that cannot be done in most cases. Also, a prosecutor can submit evidence to the jury of a defendant's past domestic violence convictions if applicable. These laws give the prosecutor an advantage and make an uphill battle for the defendant’s case. You need an Ann Arbor domestic violence lawyer who understands the law and has the experience to represent you.
We will look at your case with the benefit of our knowledge and experience to help you make the right decisions to put this case behind you.
Penalties for Domestic Violence in Michigan
If you are found guilty of assault and battery, you can face several different penalties. If you are found guilty of assault and battery, you can serve up to 93 days in jail and receive a $500 fine for your first offense. If it is your second offense, you can face up to a $1,000 fine and up to a year in jail.
Ann Arbor Domestic Violence Lawyer Offers Superior Representation
At ArborYpsi Law Ann Arbor domestic violence attorney Sam Bernstein has the experience obtaining numerous domestic violence dismissals. Whether the accuser fails to show up to court or we can negotiate a plea bargain, we diligently work to keep domestic violence charges off your record. We have seen a wide range of cases over the years, which gives us the ability to provide you with appropriate guidance and advice.
Below are some excellent examples of cases we have won for our clients:
- Woodhaven - During a divorce case, the husband was accused of pushing the wife. The prosecutor offered our client a plea bargain deal, which he turned down. The trial lasted all day, and within 15 minutes, the jury found our client not guilty.
- East Lansing - Our client was charged with assault and battery because she was pushed and she punched back to defend herself. The police charged her with the crime. The client turned down plea bargain offers, and within 30 minutes, the jury returned a verdict of not guilty.
How Domestic Violence Affects Child Custody in Michigan
Domestic violence is a factor judges take into account when making child custody decisions in family law cases. This happens even if the domestic violence was not witnessed by a child. A domestic violence charge or conviction can negatively affect your ability to get custody. A charge can cause the judge to look poorly upon you when deciding custody. This is why it is so important to hire an Ann Arbor domestic violence attorney to help you. ArborYpsi Law will fight to clear your name of any wrongful domestic violence charges.
Sam Bernstein at ArborYpsi Law has navigated hundreds of family law cases and knows how domestic violence charges play into that area of law. He can successfully help you with your domestic violence or family law case.
Why Choose ArborYpsi Law?
Sam Bernstein, a leading Ann Arbor domestic violence lawyer at ArborYpsi Law has years of experience handling domestic violence cases. If you have been charged with domestic violence, contact our office today for a free case evaluation.