From the perspective of
What are the possible consequences for a domestic violence conviction?
If your convicted of domestic violence as a result of a plea or conviction at trial, you are facing severe penalties.
In addition to jail and lengthy probation, a conviction for a domestic assault can result in a loss of employment, lost employment opportunities, severe disadvantage in divorce proceedings, licensure problems, and even a loss of child custody or unsupervised visitation. Someone charge with spousal abuse or domestic assault needs an experienced and aggressive Domestic Violence Lawyer to defend your rights…an attorney who will fight for his client and is not afraid to win!
When the police are called on a complaint for domestic violence, is someone is going to jail?
More than likely. When police are called to a home or residence on a Domestic Violence call, they usually end up aresting someone from the home (almost always the man). Police claim that they make an arrest on charges of Domestic Violence in order to diffuse the situation and prevent further problems. Sometimes this is true and sometimes the arrest is made because just because the women claims there was an assault even though there is no corroboration that an assault ever took place or that anyone is in danger. Even if a man acted in self-defense or did not strike the other person, police will generally still make an arrest.
You need an Domestic Violence Defense Attorney who will handle your Domestic Violence defense like they would if you were a member of their own family.
The police and prosecutor will take your prosecution seriously and will seek to have you thrown in jail. The judge will take your case seriously and will look to either incarcerate you or give you terms and conditions of probation that will be onerous and burdensome. It is critical that your defense lawyer take your defense seriously as well…even more seriously than any of the other players in the system. Your life, family and freedom is at stake and you deserve to have your defense handled in a matter consistent with the seriousness of the potential impact on your life. A conviction or even false allegations of domestic violence may affect your rights to child custody or visitation, you or your children could be removed from your home, you could lose a job or employment opportunity and you could face prison time. You need and deserve the best Domestic Violence representation to protect your rights.
The Domestic Violence Defense Team at LEWIS & DICKSTEIN, P.L.L.C. will give you a free consultation on your case and a confidential case evaluation. We will do everything possible to protect you if you are charged with domestic assault, domestic assault and battery, domestic aggravated assault or domestic felonious assault (felony assault). Call us immediately for expert help at (248) 263-6800 or complete a Request for Assistance Form and a domestic violence specialist will promptly contact you.
If the “victim” requests that the charges be dismissed, will the prosecutor "drop the charge"?
Simple answer: No. It is a popular misconception that the complainant is “pressing charges.” In fact, the party pressing charges is the city, township, municipality or the State of Michigan (if there is a prosecutor involved). Even if the alleged victim of the Domestic Violence wants to drop the matter, the prosecutor almost never will agree. When this happens, even if the victim wants to forgive and forget, the victim is simply a witness and must take a back seat while the Prosecutor goes ahead with the criminal case. A Texas study found that approximately 80 percent of domestic violence victims recant the allegations (this means that almost all complainants in domestic assault cases later change their story or claim that the assault never took place). Prosecutors and city attorneys are trained to expect recanting victims and are trained in ways to coerce them to testify favorably for the prosecution. Believe it or not, this is done to victims even when the allegations were truly and completely false.
With all you have to lose, this is not the time to go it alone. Being charged with Domestic Violence could have a devastating impact on your life and the lives of your family. Reach out to LEWIS & DICKSTEIN, P.L.L.C. for help today.
