Domestic Violence Lawyer Stanton, MI
If you are charged with domestic violence, you could be facing some serious penalties. You will want a domestic violence lawyer Stanton, MI trusts to provide the type of defense you need for your case.
Domestic violence occurs when one assaults or assaults and batters one of the people listed below:
- – A spouse
- – A former spouse
- – A person living or has lived in the same house as you
- – Someone you have or had a dating relationship with
- – Someone you have a child in common with
Injury is not necessary to prove the crime occurred. However, if there is injury, you may be charged with aggravated domestic violence if the injury is serious or requires medical attention. Depending on the circumstances, you could be charged with a misdemeanor or a felony.
What if the person doesn’t want to press charges?
It’s not uncommon that the police involvement and prosecution is unwanted by the individual alleged to be the victim in a domestic violence case. However, it does not necessarily mean that the charges will be dropped. The state can proceed even with an unwilling participant, but sometimes it does help in obtaining a dismissal or a favorable resolution.
You will also be facing a no-contact order. Some mistaken this for a Personal Protection Order (PPO), but unless the complainant has applied for and been granted a PPO, the no-contact order is a condition of bond and potentially of sentencing. The no-contact order will prevent the alleged victim and the person charged with domestic violence from communicating in any form. It will also likely prevent the person accused from returning to his or her home. If you find yourself in that position, it can cause significant personal problems, including limiting or even preventing time with your children. It’s important that you seek the involvement of a lawyer at the earliest opportunity to address and resolve these issues.
What are my options?
One option is the statutory diversion program, which can be found in Michigan Compiled Laws 769.4a, is available to individuals who plead guilty to domestic violence. The prosecutor must consent to you receiving the program, after discussing it with the complainant. If you’ve ever been convicted of an assaultive crime in the past, you would not be eligible.
The number one benefit is that you will not have a criminal conviction on your public record. While you must plead guilty, the court does not officially enter the plea as a conviction, and it is kept non-public. If you successfully complete probation, you will never have been convicted of a crime. You can indicate to employers that you have never been “convicted” of a crime. A domestic violence conviction will prohibit you from possessing firearms, but participation and successful completion of the program will allow you to legally possess firearms.
It is important to note, however, that the courts and law enforcement still have records of the offense. While it is not public, a plea under MCL 769.4a can still be used against you. For instance, should you ever be accused of Domestic Violence in the future, it will count as a prior conviction. The second offense would be punishable by up to a year in jail.
After pleading guilty to Domestic Violence, if you are eligible for the diversion, you will be placed on probation which is intended to be rehabilitative. The court can order counseling, typically for 26 or 52 weeks. You may be required to serve some jail time as well. If you violate probation, the court can revoke the probation and incarcerate you. If the court decides to revoke your probation, a conviction will enter on your record and will be public.
A second option may be to go to trial on the case. Many of these cases, particularly where there is no injury, are he-said, she-said types of cases and are very triable. With preparation, ample investigation, and experience, the attorneys at Blanchard Law are ready when it comes to trying your case. Call Blanchard Law at (616) 773-2945 to speak to a domestic violence lawyer, Stanton, MI trusts about your case.