By Attorney James Czarnecki|Czarnecki & Taylor PLLC|Nov 3, 2022
What is a domestic violence charge in Macomb County and Michigan?
Once a domestic violence conviction is on your record, it can lead to serious consequences that can affect you for a lifetime. This article is designed to provide you with an overview of a Michigan domestic violence charge.
The penalties for a domestic violence conviction in Michigan are steep. This is because the law considers it a very serious offense; one that is not taken lightly by the courts. The penalties can range anywhere from probation to jail depending on the circumstances of each case individual case and whether there were any aggravating factors such as injuries, etc.
When someone has been arrested and charged with domestic violence, people have many questions. What does the charge mean, and how will it affect his/her future. Since a domestic violence conviction can result in serious consequences, many people become quite panicked at the realization that it could forever change their lives.
No one would argue that an allegation of domestic violence isn’t serious. This charge can have long-lasting consequences, including jail time and loss of your 2nd Amendment rights. A conviction could result in an inability to obtain employment, housing, or professional licenses.
Domestic Violence charge defined
A domestic violence charge is defined as follows:
“‘Domestic violence’ means the occurrence of any of the following acts by a person that is not an act of self-defense:
(i) Causing or attempting to cause physical or mental harm to a family or household member.
(ii) Placing a family or household member in fear of physical or mental harm.
(iii) Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, the threat of force, or duress.
(iv) Engaging in activity toward a family or household member that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested.” MCL 400.1501(d).
MCL 400.1501(e) defines family or household member to include any of the
following:
“(i) A spouse or former spouse.
(ii) An individual with whom the person resides or has resided.
(iii) An individual with whom the person has or has had a dating relationship.
(iv) An individual with whom the person is or has engaged in a sexual relationship.
(v) An individual to whom the person is related or was formerly related by
marriage.
(vi) An individual with whom the person has a child in common.
(vii) The minor child of an individual
described in subparagraphs (i) to (vi).”
The possible penalties for assaultive crimes include the following:
Misdemeanor Assault Crimes Maximum Punishment
- Assault and battery 93 days jail
- Aggravated assault 1 year jail
- Domestic violence 93 days in jail
- Aggravated domestic violence 1 year jail
Felony Assault Crimes Maximum Punishment
- Assault with a deadly weapon (ADW) 4 years prison
- Felony domestic violence (3rd Offense) 5 years prison
- Assault with intent to do great bodily harm 10 years prison
- Assault by strangulation 10 years prison
- Assault with intent to murder Up to life in prison
Also falling under the family of a domestic violence charges are stalking crimes which might include behavior like following, watching, etc. that could be categorized as either a misdemeanor or felony stalking. The penalties will vary depending on whether it is considered a misdemeanor or felony stalking; also whether there were any aggravating factors.
The domestic violence arrest
Typically an arrest for a domestic violence results after the alleged victim or other witnesses call the police. Most assuredly, if the alleged victim claims they have suffered an injury, the suspect will be arrested.
If you are arrested for domestic violence, do not argue with the police. In fact, cooperate with the arrest. The time to fight your case is in court. You do not want to risk having resisting and obstructing charges added to your charge of domestic violence. Although we suggest you cooperate with the police, we also do not want you to make a formal statement. Exercise your right to remain silent and request to speak to an attorney. Even innocent statements can hurt you. You cannot explain the case away at the police department. Here is an article detailing why you should never make a statement to the police.
When the police give you an opportunity to make a phone call contact your family first and then have someone call an attorney. If you have not yet been arrested and informed that a warrant has been issued for your arrest immediately contact an attorney to help you clear the warrant. Here is an article on the best way to handle an arrest warrant.
Arraignment on a domestic violence charge
An arraignment is a short hearing held in the district court located in the city where the alleged crime occurred. At an arraignment, the judge will inform you of the charges against you, possible penalties if convicted, explain your constitutional rights, and set a bond. A “not guilty” plea will be entered on your behalf. If the charge is a misdemeanor the case will be set for a pretrial. If you are charged with a felony the court will set dates for a probable cause conference and a preliminary examination. Here is another article on the arraignment process.
Bond in domestic violence cases
In Michigan, an arraignment includes setting conditions of release. In deciding whether to release a defendant pending completion of the case, courts will consider:
- whether the defendant is a danger to the community
- whether the defendant is a flight risk; ties to the community
- the defendant’s criminal history
- the defendant’s ties to the community, that is, how long he/she has lived in the community and family ties
- whether the defendant is employed
- whether the defendant has a history of failing to appear for court hearings
The court may use the following options when setting bond and conditions of release:
- Release on personal bond: Being released on personal bond means that you are released your promise to appear for future court proceedings.
- Cash or Surety Bond: If the judge requires that a defendant post bond, this means that the defendant must pay money to the court in order to be released from jail or prevent being taken into custody at the courthouse. The court can require a cash bond or a surety bond. If the bond is for cash —for example, $5,000 cash—the defendant must post that amount with the court. In some instances, the court may provide a 10% provision that would only require a $500.00 payment in this example. Once the case is completed, the money is refunded to the person who posted bond minus any fees assessed by the court. If the court issues a surety bond, a bondsman can deposit a percentage of the bond amount with the court, with a contract guaranteeing that the bondsman will pay the balance of the bond if the defendant does not appear for court. Usually, a bondsman charges a non-refundable fee of 10% of the cash amount set by the court.
- Other conditions. The court can impose other conditions of release, including ordering no contact with witnesses, no use of drugs or alcohol, no association with other defendants, no new arrests,no possession of weapons, and no travel outside the state of Michigan without permission.
- Supervised release. In addition to setting a bond or other conditions of release, the court can place a defendant on a GPS tether or house arrest while the case is pending.
- You may not be able to return to your own house. If you had been living with the alleged victim and the alleged victim remains in the home, you will not be allowed to return to the home if the court orders no contact with the victim. The defendant must find another place to stay at least temporarily. Sometimes, an attorney can argue that the no contact order should be lifted. However, the alleged victim must appear for the bond hearing and consent. If the no contact order is not lifted, a defendant will have to call for a police escort to enter the home and retrieve their items.
An attorney can assist you with getting a lower or personal bond. If you do not have enough time to retain an attorney, your attorney can address bond issues at every court date thereafter.
Find a lawyer to assist you with your domestic violence charge in Macomb County and Michigan.
Domestic violence is a sensitive subject, which often results from heated arguments. In fact, it can be one of the most emotional and gut-wrenching legal cases to take on. If you have been charged with domestic violence, then hiring an experienced criminal defense attorney right away is your best chance at protecting yourself from incarceration.
Your attorney will work with you to develop a defense strategy. If you are successful at trial, of course, you will be found not guilty. Other times your attorney can negotiate the case to keep the conviction off of your record. The successful defense of your case can be complicated by several factors. The best way for you to protect your rights is by hiring an experienced lawyer who understands how prosecutors build domestic violence cases.
You need to have someone who will help you avoid convictions and severe penalties. Your future depends on it, and this means that what your lawyer knows could matter more than any other factor you consider when hiring an attorney.
Defenses against to a domestic violence charge
In most cases, the defendant is the wife, husband, girlfriend, or boyfriend of the alleged victim. These types of cases are often complicated because they involve both parties’ accounts of what happened leading up to and during an incident where one person allegedly struck another.
At Czarnecki & Taylor we are very aware that our clients want to avoid a conviction and avoid jail time. We share those concerns with our clients and use strategies to get our clients out of the legal system with the least amount of ramifications.
One common defense is self-defense. Under Michigan law, you have the right to defend yourself from physical harm if someone tries to attack or hurt you.
Another possible defense is that the alleged victim made up the abuse allegations to get back at you for something else. We have seen people fabricate domestic violence accusations to gain custody of children, try to help a divorce case, force the accused out of the home, among other reasons.
Another potential defense involves showing that there is not enough evidence of your guilt at trial. For example, if there were no witnesses or other physical evidence of abuse, it may be difficult for prosecutors to prove your guilt beyond a reasonable doubt. Similarly, if there is evidence that your accuser has a history of making false allegations of abuse or lying to the police, this may help cast doubt on their testimony and bolster your case.
Other times, your attorney may be able to negotiate a plea agreement with prosecutors that reduces or drops your charges. For example, if prosecutors have strong evidence against you but are willing to consider a plea deal rather than take the case all the way through trial, it could be worth discussing this option with an attorney who has experience handling domestic violence cases.
No matter what defenses you may choose to use in fighting your domestic violence charge, it is important to work with an experienced criminal defense lawyer as soon as possible after being charged. An attorney can review the facts of your case and help you determine which strategies will be most effective in defending yourself against these serious charges. With the right legal assistance, you may be able to avoid the harsh penalties associated with a domestic violence conviction.
Sometimes it could be possible to have your charges reduced from domestic violence to a civil infraction of causing a police disturbance. This would result only in a fine. This can be achieved with the right lawyer but is not always possible depending on the situation and other relevant factors associated with your case.
The right attorney can avoid a conviction altogether. However, this involves a plea negotiation. Under MCL 769.4a if a defendant accepts responsibility for the offense, after a term of probation, the case will be dismissed entirely. You would have to complete anger management courses and other conditions set by the court.
There are various ways our lawyers have lessened the impact of a domestic violence charges in our clients’ lives. We have been able to avoid a conviction or felony charge using the following: not guilty verdicts after bench or jury trials, dismissals prior to trial, reduction of a felony charge to a misdemeanor; utilizing law MCL 769.4a and HYTA to keep the conviction off of our clients’ records. We have also had domestic violence charges dismissed in situations where we set the case for a bench trial and the victim fails to appear for that hearing.
If negotiations do not work, or you want to exercise your right to a trial, we will represent you with a tough defense in front of a judge or jury. While many defense attorneys try to avoid a trial, we are ready to go if necessary.
Our team of experienced defense attorneys can help if you are charged with domestic violence.
At Czarnecki & Taylor, we understand how intimidating it can be to be charged with this domestic violence, and we are dedicated to helping you defend yourself against these charges. Our attorneys have years of experience handling domestic violence cases, and we know exactly what steps to take to help you build a strong defense and get the best possible outcome.
One of the most important things that we focus on when defending our clients against domestic violence charges is making sure that they fully understand their rights and options throughout the process. We will walk you through every step of your case, so that you always feel empowered to make decisions about your own defense.
Additionally, we will thoroughly investigate the evidence against you in order to expose any inconsistencies or weaknesses that can be used to your advantage. Whether it means hiring expert witnesses or examining the details of police reports, our lawyers will leave no stone unturned when working on your case.
If you or someone you know has been charged with domestic violence, don’t hesitate to contact our law firm today. With our unparalleled level of expertise and commitment to providing top-notch representation, we are confident that we can help you get the best possible outcome for your case.
If you’ve been arrested or charged with a domestic violence charge in Macomb County or southeastern Michigan or Macomb County, please contact Czarnecki & Taylor at (586) 718-2345. Consulting with an experienced lawyer from our firm can help answer your questions and and address your concerns.
Czarnecki & Taylor’s experienced attorneys will handle your case with care and help you through every step of the process. For a free consultation, call us today at (586) 718-2345 or online for a prompt response. We are available 24/7 and have weekend and evening appointments.