What is Domestic Violence?
You should first know that domestic violence charges are aggressively prosecuted in Michigan, even when the victim wishes to drop the charges. In order for a Prosecutor to prove you are guilty of Domestic Violence, a Prosecutor must show two things- (1) that you assaulted or assaulted and battered the victim, and (2) that the victim was your spouse, ex-spouse, that you and victim have a child in common, that the victim was a resident or former resident of the same household as you, OR was a person with whom you have or previously had a dating relationship
A battery is the forceful, violent, or offensive touching of a person or something closely connected with him or her. The touching must have been intended by you, that is, not accidental, and it must have been against victim’s will.
An assault is an attempt to commit a battery or an act that would cause a reasonable person to fear or apprehend an immediate battery.
You must have intended either to commit a battery or to make the victim reasonably fear an immediate battery. An assault cannot happen by accident. At the time of an assault, you must have had the ability to commit a battery, or must have appeared to have the ability, or must the victim must have thought you had the ability.
The prosecutor must also prove the victim was your spouse, or ex-spouse, or that you and victim have a child in common, or that the victim was a resident or former resident of the same household as you (this could be a member of the same sex as you, including parent-children, roommates, etc.), or was a person with whom you have or previously had a dating relationship (this could be a member of the same sex as you). A “dating relationship” means frequent, intimate association primarily characterized by the expectation of affectional involvement.
With proper counsel you can minimize the punishment you receive, and depending on factual circumstances you may be able to defeat the charges against you. For more information about Domestic Violence, or to retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.
What are the penalties for domestic violence?
- 1st conviction, a misdemeanor punishable by up to 93 days in jail and/or a $500 fine
- 2nd conviction, a misdemeanor punishable by up to 1 year in jail and/or a $1,000 fine
- 3rd or more conviction, a felony punishable by up to 2 years in prison and/or a $2,500 fine
Aggravated Domestic Assault:
The Victim received serious or aggravated injuries requiring medical attention.
- 1st conviction, a misdemeanor punishable up to 1 year in jail and/or a $1,000 fine
- 2nd conviction, a felony punishable up to 2 years in prison and/or a $2,500 fine
In addition, you are likely to be placed on some term of probation as well. For a misdemeanor, probation can be up to 2 years. For a felony, probation can be up to 5 years. Your sentencing judge will likely impose some type of anger management counseling, depending on the facts and circumstances. You may also be ordered to perform community service, alcohol or drug testing, along with a host of other behavior deterrents.
First time offenders may be eligible for a Diversion Program and can have the conviction taken under advisement, meaning if you successfully complete your probation, your conviction will not appear on your public record. If you have been charged with domestic violence, assault and battery, or aggravated domestic assault, call Garmo & Kiste, PLC at (248) 398-7100 for a free consultation or contact us with a private message.
If you are arrested for domestic violence how long will you sit in jail?
In Michigan a person arrested for domestic violence cannot be released from jail on an interim bond set by the jail. The person must be held until he or she can be arraigned, or has an interim bond set by a judge or district court magistrate.
Why hire us?
Having handled these cases in volume, typically our attorneys know the prosecutor and the judge, and can anticipate the judge’s responses, understand how the prosecutor will want to proceed, and with that knowledge can negotiate the best deal for our clients in efforts of removing as much uncertainty from the legal justice system as possible.
Remember, judges have a tremendous amount of discretion when imposing your punishment. Without us, or another competent attorney, you may say or do the wrong thing, increasing your punishment. For this reason, looking for an attorney who practices in the county where you were violated is particularly helpful. That said, we regularly practice in the counties of Oakland, Macomb, Wayne, and Lapeer, Livingston, Washtenaw, Genesee, and St. Clair. For more information about Domestic Violence, or to retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.