Misdemeanor and Felony Charges in the 52-3 District Court in Rochester Hills
The judges and prosecutors in the Rochester Hills District Court are notorious for their aggressiveness and harsh sentences. Few lawyers have the skill and experience to give their clients every possible advantage in this court.
Rochester Hills Defense Attorneys Who Can Give You the Advantage
Unfortunately, many individuals are quick to cast judgment in domestic violence cases. The domestic violence attorneys with LEWIS & DICKSTEIN, P.L.L.C. have represented countless individuals facing domestic violence charges in Rochester Hills over the last several decades. We realize that there are many sides to every story. With our in-depth knowledge of Michigan law and years of experience successfully representing clients facing similar charges, we will work to get domestic violence charges dropped and thrown out of court. If you face domestic violence charges in Rochester Hills and are looking for the best attorney for you, we can help you.
Self-Defense and Different Versions of Truth
Michigan defines domestic violence as a pattern of behavior that involves one household member using physical, sexual, and emotional abuse to control or assault another member of the household or someone with whom that person has a dating relationship or against another family member. While we most often hear about domestic violence in cases of a husband acting out against a wife, Michigan law includes any family member harming another. Kidnapping, attempted murder, extortion, assault, and arson all fall under the umbrella of domestic violence. Because the definition is so broad, there is much room for interpretation, and too often, individuals falsely accuse an innocent partner or family member.
What are the best defenses to domestic violence charges in the Rochester Hills 52-3 District Court?
Defending against domestic violence charges in the 52-3 District Court in Rochester Hills, Michigan, requires careful consideration of the specific circumstances of the case. It’s crucial to consult with an experienced criminal defense attorney, such as the lawyers with LEWIS & DICKSTEIN, P.L.L.C., who can provide tailored advice and develop a strong defense strategy. While the effectiveness of defenses may vary based on the facts of the case, here are some common defenses used by our Defense Team:
- Self-Defense: Someone can use reasonable force to protect themselves or others from imminent harm. This defense is available to someone in a domestic relationship, such as spouses, roommates, siblings, parents, children, those with a child in common, etc. The defendant does not have to prove they acted in self-defense. Under Michigan law, the prosecution is required to disprove this defense.
- False Accusations: Claiming the allegations are false and presenting evidence or witnesses to support this claim is a powerful defense. Gathering any relevant documents, texts, emails, or witness statements contradicting the accuser’s version of events is essential.
- Lack of Evidence: Challenge the prosecution’s evidence by highlighting gaps, inconsistencies, or lack of corroborating evidence in their case. This can weaken the prosecution’s ability to prove the charges beyond a reasonable doubt. The defendant is not guilty if the prosecution cannot present sufficient evidence.
- Alibi: If you can provide a credible alibi that proves you were not present at the alleged incident location or time, it can be a strong defense against domestic violence charges. For example, suppose a woman alleges her ex-husband came to her home and assaulted her. If the ex-husband can prove he was at work at the time of the alleged assault, he has a powerful alibi defense.
- Accidental Contact: If the alleged physical contact was accidental and not intentional, it may be possible to effectively argue that there was no criminal intent to harm, harass, intimidate, etc. Unintentional contact is not an assault and battery.
- No Injury or Harm: Point out that there was no actual injury or harm caused during the alleged incident, which can be a factor in some aggravated domestic violence cases. If someone faces domestic violence charges and the alleged assault would likely cause an injury, the absence of a wound can be proof that the assault never occurred.
- Inadmissible Evidence: Challenge the admissibility of evidence obtained unlawfully or in violation of your constitutional rights, such as evidence obtained without a proper search warrant or in violation of your Miranda rights. Suppose someone is taken into custody, questioned, and makes statements harmful to their defense without Miranda warnings. In this case, a skilled domestic violence defense attorney in Rochester Hills will file a Motion to Suppress and Dismiss due to violating the 5th Amendment.
- Diversion or Counseling Programs: In some cases, you may be eligible for diversion programs, such as the Domestic Violence First Offender Program (MCL 769.4a) or counseling that can result in the charges being dropped or reduced upon successful completion.
- Victim’s Recantation: If the alleged victim later recants their statement or is not cooperative with the prosecution, it can weaken the case against you. Domestic violence charges will not necessarily get dropped if the alleged victim fails to appear in court; however, their failure to cooperate can make a difference.
- Pretrial Negotiations: Your attorney may negotiate with the prosecutor for a plea deal that involves reduced charges or alternative sentencing options, which can help mitigate the consequences of a domestic violence charge.
It’s important to remember that every case is unique, and the best defense strategy will depend on the specific facts and evidence involved. Consulting with a skilled criminal defense attorney familiar with the 52-3 District Court in Rochester Hills is crucial to building a strong defense tailored to your situation and advocating for your rights throughout the legal process.
Domestic Violence Attorney Rochester Hills
LEWIS & DICKSTEIN, P.L.L.C. has represented countless clients facing domestic violence charges based on accusations that have been exaggerated or that have been completely fabricated. Our domestic violence attorneys in Rochester Hills exhaust all of our resources to make sure these charges are dropped altogether or resolved in a way that does not significantly impact our client’s lives, careers, and reputations.
Jail Time and Fines Do Not Help Individuals Heal or Rehabilitate
Clients who have engaged in destructive behaviors almost always have done so because they have not addressed underlying issues. After a plea or conviction, courts will mandate extensive anger management or other counseling that is not effective. These programs are also quite expensive, and the accused is required to pay for the program. In most cases, we can help clients find a less expensive, shorter, and more effective program that the court will accept if therapy is necessary. The LEWIS & DICKSTEIN, P.L.L.C. domestic violence defense attorneys in Rochester Hills firmly believe that jail and prison time do not help families heal from the effects of domestic violence. For this reason, we fight tirelessly to protect our clients’ freedom and help them progress.
District Court in Rochester Hills, Michigan
The 52nd District Court 52-3, located in the City of Rochester Hills, presides over domestic violence charges from the following communities:
- Addison Township
- Auburn Hills
- Lake Angelus
- Oakland Township
- Orion Township
- Oxford Township
- Rochester Hills
- Village of Lake Orion
- Village of Leonard
- Village of Oxford
Each of the domestic violence defense attorneys with LEWIS & DICKSTEIN, P.L.L.C. has decades of experience defending felony and misdemeanor charges in Rochester Hills and each of the other communities listed above.
Choose a Seasoned Domestic Violence Attorney in Rochester Hills, Michigan.
The team of domestic violence defense lawyers with LEWIS & DICKSTEIN, P.L.L.C. have represented countless individuals in the 52-3 District Court and have positive relationships with the judges and prosecutors in this court. Too many individuals do not understand how a top criminal defense attorney can make the difference between an average outcome and an extraordinary outcome. Hiring an experienced legal team could differentiate between a conviction and jail time versus freedom or a dismissal.
If the stakes are high and you need someone to go to bat for you, protect you, and fearlessly fight to defend you, you are in the right place.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.