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Domestic
Violence
A variety of offenses, including assault, battery,
and false imprisonment may fall under the general
headings of domestic violence or domestic abuse.
Domestic violence can be an allegation of physical
violence causing injuries, or just the possibility
of injury. Over the past few years, law enforcement
has developed new policies, the court system has
implemented Changes, and prosecuting attorneys
have taken an active role in zealously enforcing
both new and existing laws. These crimes are aggressively
prosecuted, and even if the victim tells the court
and prosecutor they do not wish to press charges,
the case will not be dismissed due to the nature
of the charges and emotional aspect of the relationship.
Jail time is routinely sought even on first offenses.
If you have been charged with Domestic Violence
or Domestic Battery, it can be one of the toughest
cases to defend and only an aggressive defense
will do! A domestic battery or domestic violence
situation can occur between spouses, domestic
partners, former partners or spouses, parents
and children or individuals involved in a dating
relationship. If you have been charged with a
domestic violence offense in Michigan, you may
be facing a conviction that can effect the rest
of your life!
Sentencing for misdemeanor domestic violence convictions
differs from state to state. But with the passing
by Congress of the Violence Against Women Act
("VAWA"), this act recognizes domestic
violence as a national crime and that federal
laws will support states in prosecuting these
cases. In addition, congress also passed Changes
to the Gun Control Act making it a federal crime
in certain situations for those convicted of domestic
violence to possess guns. So unlike most misdemeanor
cases, Domestic Violence is a charge that can
have long reaching and long lasting effects if
convicted.
Sentencing
Generally, the court will consider prior convictions,
whether you are on probation or parole, the local
community's attitude toward the crime, and any
mitigating and aggravating circumstances. A judge
may sentence a defendant guilty of a misdemeanor
domestic violence to probation, mandatory treatment
programs, short to moderate jail sentences, and
fines. A defendant typically may not own guns
while on probation and may be required to go through
drug testing, substance abuse and anger management
counseling. Many states are now making Domestic
Violence convictions non-expungable. Meaning it
will ALWAYS be on your record if you are convicted.
In addition to any penalties involving jail or
prison, you may also face financial penalties
as well, such as:
-Missing time from work for court, probation,
counseling, etc.
-Paying a Victim's Fund fine
-Paying a Domestic Violence Fund fine
-Court Fines
Domestic Violence and Divorce
Domestic violence charges often have far-reaching
and significant effects on divorce proceedings.
The violence may mean that mediation is not an
option, and charges of violence may affect child
custody, and the distribution of property. Mediation
is used as a settlement tool in many divorce cases,
but the results may not be completely satisfactory
if you are charged with domestic violence. If
a judge decides your divorce case, he or she may
consider the allegations of domestic violence
in making the final ruling in your case. It is
thus especially important that you contact the
Johnson Law Group if domestic violence charges
are brought against you during a divorce proceeding.
How Restraining Orders Work
A domestic violence restraining order is a court
order that helps protect a person from abuse,
usually by prohibiting an alleged abuser from
contacting or coming near the protected person.
Typically the court will issue a no contact order
or restraining order between against the alleged
abuser until the case is concluded. If the accused
violates that order, they can be sentenced to
serve a jail sentence. Most states can issue emergency
orders, temporary orders, and permanent orders.
Generally, a judge will decide whether or not
to issue the order within one business day, and
sometimes sooner.
Conclusion
Bottom line, Domestic violence can be a very severe
crime and is currently a hot political issue in
the court system. Therefore, most police reports
result in an arrest and many new laws have made
it easier to convict for a domestic violence offense.
Even less serious domestic violence offenses carry
the possibility of serious penalties and life-Changing
requirements. If you are facing any domestic violence
charge, you need the assistance of an experienced
criminal defense attorney who is compassionate
about your situation and will work hard to achieve
the best results for you!
A few Examples of Domestic Violence Crimes:
Examples of Johnson Law Group domestic battery
cases are:
| People vs. Shaw-Our client admitted to repeatedly
punching his wife in the face and fracturing
her jaw. Client was previously convicted of
assault, felony aggravated battery, drug charges
and multiple additional offenses. The prosecutor
sought a 5 year prison sentence. |
| Result:
Client ordered to serve 60 additional days
in jail and was placed on Probation rather
than being sentenced to prison. |
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| People vs. Cook-Client was charged with
Domestic Battery and the Department of Children
and Family Services attempted to make a civil
finding that our client caused his child to
reside in an unsafe environment. JLG attorneys
contested both of the government’s attempts
to punish our client. |
| Result:
client acquitted of all criminal charges and
the State’s claim that our client’s child
resided in an injurious environment was found
to be untrue. |
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| People vs Noftz -Our client was a school
teacher and basketball coach who lost his
job because of the charges against him. Client
was unhappy with his current counsel after
his case was dragged out for almost a year
with no favorable outcome. |
| Result:
Johnson Law Group was hired and less than
three weeks, the client got his case settled
with the outcome the client wanted. |
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| People vs. T.Mack -Charges included: Domestic
Battery a class A misdemeanor and Interfering
with Reporting of a Domestic Violence a class
A misdemeanor as well. |
| Result:
Johnson Law Group was able to get all charges
on this case dismissed! |
We don't guarantee these results for every case
but we do guarantee you the most aggressive defense!
If you have been charged with domestic violence,
domestic battery, aggravated domestic battery
or abuse in Michigan, protect yourself immediately.
Contact us at the Johnson Law Group to discuss
your case.
Domestic
Assault
M.C.L.A. 750.81
(2) Except as provided in subsection (3) or (4),
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 commits an assault or an
assault and battery in violation of subsection
(2), and who has previously been convicted of
assaulting or assaulting and battering 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, under any of the following,
may be punished 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.
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Intentional
Conduct against a Pregnant woman resulting in
miscarriage
M.C.L.A. 750.90
Sec. 90c. A person who commits a grossly negligent
act against a pregnant individual is guilty of
a crime as follows:
(a) If the act results in a miscarriage or stillbirth
by that individual or death to the embryo or fetus,
a felony punishable by imprisonment for not more
than 15 years or a fine of not more than $7,500.00,
or both.
(b) If the act results in great bodily harm to
the embryo or fetus, a felony punishable by imprisonment
for not more than 5 years or a fine of not more
than $2,500.00, or both.
(c) If the act results in serious or aggravated
physical injury to the embryo or fetus, a misdemeanor
punishable by imprisonment for not more than 6
months or a fine of not more than $500.00, or
both.
(d) If the act results in physical injury to the
embryo or fetus, a misdemeanor punishable by imprisonment
for not more than 93 days or a fine of not more
than $500.00, or both.
Sec. 90b. A person who intentionally commits
conduct proscribed under sections 81 to 89 [FN1]
against a pregnant individual is guilty of a crime
as follows:
(a) If the conduct results in a miscarriage or
stillbirth by that individual, or death to the
embryo or fetus, a felony punishable by imprisonment
for not more than 15 years or a fine of not more
than $7,500.00, or both.
(b) If the conduct results in great bodily harm
to the embryo or fetus, a felony punishable by
imprisonment for not more than 10 years or a fine
of not more than $5,000.00, or both.
(c) If the conduct results in serious or aggravated
physical injury to the embryo or fetus, a misdemeanor
punishable by imprisonment for not more than 1
year or a fine of not more than $1,000.00, or
both.
(d) If the conduct results in physical injury
to the embryo or fetus, a misdemeanor punishable
by imprisonment for not more than 93 days or a
fine of not more than $500.00, or both.
Sec. 90a. If a person intentionally commits conduct
proscribed under sections 81 to 89 [FN1] against
a pregnant individual, the person is guilty of
a felony punishable by imprisonment for life or
any term of years if all of the following apply:
(a) The person intended to cause a miscarriage
or stillbirth by that individual or death or great
bodily harm to the embryo or fetus, or acted in
wanton or willful disregard of the likelihood
that the natural tendency of the person's conduct
is to cause a miscarriage or stillbirth or death
or great bodily harm to the embryo or fetus.
(b) The person's conduct resulted in a miscarriage
or stillbirth by that individual or death to the
embryo or fetus.
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