In stressful times, tensions can rise in a family, and arguments can get out of control. When police are called, they will pressure someone, usually a woman or a child, to press charges. If this has happened to your family, you need a lawyer who will stand up and fight for justice!
Although it may be easy to judge a person accused of domestic violence negatively, the truth is almost always more complicated than it seems. Unfortunately, people simply believe the allegations are true regardless of the evidence or lack of evidence. False allegations, exaggerated allegations, and outright lies are standard in domestic violence misdemeanor and felony cases. How does someone prove they didn’t do it? By working with a highly experienced attorney with an unparalleled track record of exposing the truth when there are false claims of domestic violence and assault.
What about when the “victim” doesn’t want to press charges?
An argument can get heated, and often terrible things are said during a dispute with a family member, spouse, child, or roommate. It is common for someone, many times, a neighbor or concerned family member, to call the police at the first sign of a heated exchange of words. When the police arrive, they fully intend to leave with someone under arrest and in custody. Even if there was no actual assault, police will often manipulate or coerce a witness into saying the situation was assaultive, even when it was not. In most cases, the police believe an assault occurred even when everyone present denies that any violence occurred. In these cases, the officers pressure someone, usually a woman or a child, to agree that a violent act occurred because the police believe they need protection and the police cannot make an arrest without probable cause. In other cases, officers purposefully and falsely claim that someone stated they were assaulted.
In those cases where an assault was falsely or mistakenly claimed, the “victim” may want to drop charges. Unfortunately, the prosecutor will almost always take a position that the victim is falsely recanting. When the victim reports that the allegations are untruthful or exaggerated, the prosecutor will likely disregard that information and press on with the prosecution. In virtually every case, the victim causes more damage and makes it more difficult for a lawyer to get the charges dismissed. Most prosecutors are not on the side of justice or doing what is “right,” they are out for convictions and will take every opportunity to twist anything said so that it is harmful to the defendant.
What if the assault did happen? Does the defendant have to go to jail?
Not necessarily. Stress, anxiety, depression, and anger can all lead to a person acting out in a regrettable way. Usually, words are said that are hurtful; however, people do have a breaking point, and someone may react physically and touch a family member in an inappropriate or assaultive way. In other cases, a person may have an anger or control problem and need intensive physicological help. When a person who is a member of the same household is touched in a forceful, violent, harassing, or unwanted manner, this is domestic violence under Michigan law. The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. has an unparalleled track record of helping clients who are in this situation. We have helped thousands of clients avoid convictions and jail time and get the help they need without undue punishment.
Can charges be dismissed without a trial?
In some cases, a domestic violence charge can be dismissed or thrown out of court. Most domestic violence cases do not have independent, objective witnesses or hard evidence showing who is at fault or even that an assault occurred. The fact that a person has a bruise or abrasion, for example, is circumstantial evidence, not direct evidence. There may be all types of legitimate, non-assaultive, truthful explanations to explain why a person suffered an injury. An experienced, highly talented lawyer who routinely handles domestic violence cases will know exactly how to build a persuasive defense. If it can be shown that an assault didn’t occur, or at least that the defendant is not the person who committed an assault, it may be possible to get all charges dismissed.
What is the possible penalty for domestic violence in Michigan?
Domestic violence typically carries a maximum of 93 days in jail and up to 2 years of probation. Judges routinely order terms of probation with cumbersome, time-consuming, and expensive requirements. For example, many judges will order a 52-week domestic violence program that takes up a ton of time and costs a lot of money. The “therapists” are harsh, judgmental, and condescending, and will not hesitate to fail someone out of the class because of a late arrival, failure to adequately accept responsibility, or based on a false claim of a probation violation. If a person is kicked out of a class, even after it is almost completed, he or she will have to start over from the beginning. Domestic violence will carry a 1-year maximum sentence if there is an injury. If the injuries are serious, if a weapon was used, or if the defendant has a prior record, the charge may be a felony punishable with time in prison and up to 5 years of probation.
What about a violation of probation following a domestic violence conviction?
In addition to jail time, judges almost always order a defendant to serve one or two years on court-supervision or probation. Throughout Michigan, probation officers commonly have a zero-tolerance policy and will bring the matter for a probation violation hearing following the slightest technical violation. Because the defendant is already a “convicted batterer,” any new allegations of violence, aggression, harassment, or yelling will result in a violation and possible jail time, even if the allegation is untrue. Judges and prosecutors frequently believe any post-conviction allegation against the defendant regardless of whether there is proof and, frequently, even when the claim lacks credibility.
What is the best defense to domestic violence in Michigan?
The best defense is a top-rated, experienced, and savvy domestic violence defense lawyer. Courts usually deal with court-appointed or bargain lawyers who routinely sell-out their clients and manipulate them into accepting unfavorable plea bargains and overly harsh sentences. When a bold, aggressive, and effective retained lawyer steps into the courtroom, everyone knows that the defendant is going to have an advocate who will not stand for a “kangaroo court” or “railroad justice.”
If you are accused of domestic violence, and you want a domestic violence lawyer who will do everything possible to protect and defend you. We have decades of experience successfully defending domestic violence in Oakland County, Macomb County, Washtenaw County, Livingston County, Wayne County, and throughout Michigan. Do not trust your fate to the lowest bidder, hire a lawyer who will unconditionally have your back!
Call us today at (248) 263-6800 for a free consultation, or complete a Request for Assistance Form and we will contact you promptly.