Domestic Violence Charges
When you are in a stressful situation, such as being prosecuted for domestic violence charges, it can be emotional and overwhelming. The first step to handling the situation is to know what exactly you are being charged with and finding a qualified Michigan criminal defense attorney to represent your interests and achieve the results that you need. William Maze has been defending Michigan criminal charges for over twenty years and has the experience and expertise to help answer your questions today.
What is domestic violence in Michigan?
(Also known as domestic assault)
The state of Michigan defines domestic violence / domestic assault as a person who, “assaults or assaults and batters his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household.”
In layman’s terms, the definition of domestic violence in Michigan is an assault, or an assault and battery, on someone who is in one of the following domestic relationships with the person being accused of domestic violence: spouse, former spouse, in a dating relationship, has been in a dating relationship, have a child in common, resident of their household or former resident of their household. There does not need to be an injury to press charges in a domestic violence charge.
What is considered aggravated domestic violence in Michigan?
The state of Michigan, according to MCL 750.81a(2), considers aggravated domestic violence to be “an individual who assaults his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of the same household without a weapon and inflicts serious or aggravated injury upon that individual without intending to commit murder or to inflict great bodily harm less than murder.”
MCL 750.81a(1) provides:
(1) Except as otherwise provided in this section, a person who assaults an individual without a weapon and inflicts serious or aggravated injury upon that individual without intending to commit murder or to inflict great bodily harm less than murder is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
The courts have defined "serious or aggravated injury" as "a physical injury that requires immediate medical treatment or that causes disfigurement, impairment of health, or impairment of a part of the body."
Simply put, aggravated domestic violence in Michigan is when someone in one of the above domestic relationships does not use a weapon, but serious injury/injuries are sustained that require medical attention.
Penalty for domestic violence
in Michigan
If you are charged with a First Offense Domestic Violence in Michigan, it can result in a misdemeanor conviction, punishable with up to 93 days in county jail, a fine of no more than $500, or both. As set forth above, the penalty for aggravated domestic assault is more serious, carrying up to 1 year in jail and a higher fine, but the charge remains a misdemeanor unless the seriousness of the injuries rise to the level of attempted murder or great bodily harm less than murder.
Michigan Domestic Violence and Firearm Privileges
If you are convicted of domestic violence in Michigan, you will be permanently prohibited from purchasing, possessing, or owning a firearm or ammunition under federal laws. The Domestic Violence Offender Gun Ban, called "the Lautenberg Amendment" ("Gun Ban for Individuals Convicted of a Misdemeanor Crime of Domestic Violence"), bans access to firearms by people convicted of crimes of domestic violence. See 18 U.S.C. § 922(g)(9)[2] promulgated by the Omnibus Consolidated Appropriations Act of 1997.
Will I go to Jail for Domestic Violence in Michigan?
A domestic violence charge in Michigan can absolutely result in jail time.
BUT, jail time is dependent on the allegations against you, the attorney you choose, and how you are defended in court. In most cases, people convicted of domestic violence in Michigan for a first offense receive probation with conditions that must be met to avoid a jail sentence. Hiring a top Michigan Criminal Defense Lawyer can make a world of difference. Talk to Attorney William Maze today and receive the help you need to understand the steps you need to take to obtain a good outcome with your case
Will I Be on Probation?
Unless you can avoid a conviction, you will be placed on probation to monitor compliance. Probation for first offense domestic violence in Michigan usually consists of 6-18 months reporting probation, with 24 months being the maximum time span of monthly reporting, community service, and some form of anger management (or batterer’s awareness) classes.
Prior Convictons for Domestic Violence
Prior convictions for domestic violence can be used to enhance criminal charges, and prior bad acts may be admissible as evidence. MCL 768.27b states in part that:
MCL 768.27b Domestic violence offense; commission of other domestic violence acts; admissibility; disclosure; definitions; applicability of section.
Sec. 27b.
(1) Except as provided in subsection (4), in a criminal action in which the defendant is accused of an offense involving domestic violence, evidence of the defendant's commission of other acts of domestic violence is admissible for any purpose for which it is relevant, if it is not otherwise excluded under Michigan rule of evidence 403.
The admissibily of prior acts of domestic violence can be very prejudicial, painting the accused as a serial abuser; however, prior allegations of domestic violence might also add context to an abusive relationship.
Enhanced Penalties
A second offense domestic violence is a misdemeanor, but the penalties are significantly more serious. A person who has previously been convicted of domestic violence is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both. Many judges will impose a jail sentence for a 2nd offense domestic violence.Domestic Violence, 3rd Offense, is a class G felony that carries up to 5 years in prison. If you are convicted of a 3rd domestic violence charge, with two prior convictions, it may be enhanced to carry felony penalties, possible prison, and up to a $5,000.00 fine.
Jury Trials in Domestic Violence Cases
In Michigan, you have the right to a jury trial in domestic violence cases. Of course, there may be a number of ways to resolve the case without a trial, but domestic violence cases are highly charged, emotional cases, frequently with child custody issue and divorce property settlements directly effected by the outcome of the case. A settlement may not be in your best interest. Self defense is a valid defense to a domestic violence charge, and the prosecutor must prove beyond a reasonable doubt that the accused was not acting in self defense. You may also waive the right to a jury trial, with the consent of the prosecution, to conduct a bench trial before a judge, where the judge decides whether the prosecutor has proven the case beyond a reasonable doubt.
Jury Instructions
M Crim JI 17.2a Domestic Assault(1) The defendant is charged with the crime of domestic assault. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that the defendant [assaulted / assaulted and battered] [name complainant].
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 the defendant, that is, not accidental, and it must have been against [name complainant]’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. The defendant must have intended either to commit a battery or to make [name complainant] reasonably fear an immediate battery.3 [An assault cannot happen by accident.] At the time of an assault, the defendant must have had the ability to commit a battery, or must have appeared to have the ability, or must have thought [he / she] had the ability.
(3) Second, that at the time [name complainant]: [Select one or more of the following:]
(a)was the defendant’s spouse
(b)was the defendant’s former spouse
(c)had a child in common with the defendant
(d)was a resident or former resident of the same household as the defendant
(e)was a person with whom the defendant had or previously had a dating relationship. A “dating relationship” means frequent, intimate association primarily characterized by the expectation of affectional involvement. It does not include a casual relationship or an ordinary fraternization between two individuals in a business or social context.
Domestic Violence Statutes
750.81 Assault or assault and battery; penalties; previous convictions; exception; “dating relationship” defined.
Sec. 81.(1) Except as otherwise provided in this section, a person who assaults or assaults and batters an individual, if no other punishment is prescribed by law, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
(2) Except as provided in subsection (3), (4), or (5), an individual who assaults or assaults and batters his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
(3) An individual who assaults or assaults and batters an individual who is pregnant and who knows the individual is pregnant is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
(4) An individual who commits an assault or an assault and battery in violation of subsection (2) or (3), and who has previously been convicted of assaulting or assaulting and battering an individual described in either subsection (2) or subsection (3) under any of the following, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both:
(a) This section or an ordinance of a political subdivision of this state substantially corresponding to this section.
(b) Section 81a, 82, 83, 84, or 86.
(c) A law of another state or an ordinance of a political subdivision of another state substantially corresponding to this section or section 81a, 82, 83, 84, or 86.
(5) An individual who commits an assault or an assault and battery in violation of subsection (2) or (3), and who has 2 or more previous convictions for assaulting or assaulting and battering an individual described in either subsection (2) or subsection (3) under any of the following, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both:
(a) This section or an ordinance of a political subdivision of this state substantially corresponding to this section.
(b) Section 81a, 82, 83, 84, or 86.
(c) A law of another state or an ordinance of a political subdivision of another state substantially corresponding to this section or section 81a, 82, 83, 84, or 86.
(6) This section does not apply to an individual using necessary reasonable physical force in compliance with section 1312 of the revised school code, 1976 PA 451, MCL 380.1312.
(7) As used in this section, "dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.