Domestic Violence in Michigan: Penalties and Defense

A Michigan domestic violence charge may be made against any individual who has a relationship with another person, including partners that are living together or have been married in the past. A person can be arrested for simply stalking their victim or engaging in a physical altercation that involves pushing shoving or hitting. Both men and women can be the victim of domestic violence and this type of crime is not limited to any particular age or race.

Michigan Penalties for Domestic Violence

Most defendants are charged with a misdemeanor offense in Michigan domestic violence cases. The victim may not have even been injured during the incident. Simply threatening another person with the ability to carry out a violent act against them can result in a conviction. The criminal penalties in Michigan are as follows:

• First Conviction for Domestic Assault—This will be charged as a misdemeanor and the defendant will face up to 93 days in jail and/or a fine of $500.

• Second Conviction—Charged as a misdemeanor crime with a penalty of up to a year in jail and/or a fine of $1,000.

• Third Conviction—The District Attorney will charge this as a felony offense requiring up to 2 years in state prison and/or a fine of $2,500.

A charge of aggravated domestic assault may be pursued against a defendant when the victim suffered serious injuries requiring medical attention.

Defending Yourself & Avoiding Jail Time

It is important to mount a good defense against the criminal charges you are facing. Evidence that may help your case could include:

• 911 or police dispatch tapes that can prove your spouse was under the influence at the time of the incident, thus undermining his or her credibility or accurate recollection of the events.

• Any witnesses that can corroborate your side of the story if you were defending yourself against imminent bodily harm.

• If the victim has a prior criminal record for domestic abuse, this will work against them and weaken the prosecution’s case.

In first-time offender cases, it may be possible to negotiate an agreement that keeps the defendant out of jail and without a conviction on their record.

How a Michigan Defense Attorney Can Help Your Case

Criminal defense attorneys can often argue on a client’s behalf to request that the charges be reduced due to no prior criminal history or that they be dismissed altogether for lack of convincing evidence. The burden or proof remains on the prosecution and if they are unable to prove their case beyond a reasonable doubt, the judge may decide to not allow the case to go forward.