Being accused of hurting a family member can be extremely stressful. Domestic violence laws were created to protect families, but the law is often not fairly applied. And the potential consequences of these crimes can be quite life-altering. If you are facing domestic violence charges, you need a criminal defense attorney to argue your side, and fight on your behalf.
You must be in a domestic relationship to be accused of domestic violence or domestic assault.
For an assault to be considered “domestic”, a certain relationship must exist between the victim and the defendant. Here are some examples of domestic relationships in the state of Michigan.
Assaults are serious crimes. When the crime is a domestic assault, the punishments are much stricter.
| If you are convicted of domestic: | You will face a potential sentence of: |
|---|---|
| Assault and Battery (first offense) | Up to 93 days in jail and $500 in fines |
| Assault and Battery (second offense) | Up to one year in jail and $1,000 in fines |
| Assault and Battery (third and subsequent offense) | Up to 2 years in prison and $2,500 in fines |
| Assault with infliction of serious injury (first offense) | Up to 1 year in jail and $1,000 in fines |
| Assault with infliction of serious injury (second or subsequent offense) | Up to two years in prison and $2,500 in fines |
If you are arrested for a domestic assault, Michigan law dictates that you will be held in custody until the next court session for your arraignment. If this time exceeds 20 hours, then you may be released on an interim bond.
In Michigan a person can be charged with rape against their spouse. A spouse does have a right to refuse sexual advances from their partner. This change was adopted by Michigan in 1988.
You could be facing first degree home invasion charges if you break and enter a dwelling with the intent to commit a felony, larceny, or assault, and you are either armed at the time or someone is present within the dwelling.
This offense carries up to 20 years in prison and $5,000 in fines if convicted.
This act was passed to allow victims to be active participants in the justice system as it relates to their assailants. What this means for you in a domestic violence case is that your victim may testify against you, be present in the courtroom, and give victim impact statements at sentencing.
Michigan takes domestic cases very seriously. In an effort to protect Michigan families, judges will do all that they can to ensure their safety. These cases can be particularly difficult due to the relationships involved.