Domestic Violence Defense Attorneys in Oakland County

Are you facing accusations of domestic violence in Oakland County, Michigan? Your best defense is a fearless attorney who will never back down from protecting and defending you.

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Domestic Violence Defense Attorneys in Oakland County

Are you facing accusations of domestic violence in Oakland County, Michigan? Oakland County prosecutors are notorious for being aggressive, and the judges can be unduly harsh. Your best defense is a fearless Oakland County domestic violence defense attorney who will never back down from protecting and defending you. Here is what you need to know about defending against DV charges and building the best possible defense strategy.

Domestic Violence Charges in Oakland County

The situation is serious if you face domestic violence charges in Oakland County; however, there is no reason to panic. Every case has a defense to the allegation or a harsh sentence. There is always a way to improve our client’s situation. Oakland County judges and prosecutors are notorious for being tough on domestic assault and abuse cases. They may not want you to know that there are various defenses to domestic assault charges, and a savvy, aggressive domestic violence lawyer may be able to get charges dismissed or reduced. Also, jail is not mandatory in domestic violence cases, even if there are prior convictions or allegations.

Domestic violence means an assault or battery on another person who lives in the same home or with whom the accused has had a child or a dating relationship. Examples may include a spouse, girlfriend, boyfriend, child, or parent. A person can be charged and convicted of domestic violence in Oakland County even if there is no injury, no third-party witness, and no evidence other than the accusation. An aggressive, talented, and fearless defense lawyer can assess the strength of the evidence and determine what defenses may be available.

Oakland County Michigan Domestic Violence Charges

First Domestic Violence Charge in Oakland County

Unfortunately, people are not perfect. Good people make regrettable mistakes under extreme circumstances. Someone who is involved in a one-time, isolated instance of domestic violence due to a stressful or intense situation is not a bad person and doesn’t deserve jail and a life-altering conviction. A first-offense domestic violence charge in Michigan can be reduced to a noncriminal offense or taken under advisement. If a judge takes a DV charge under advisement, it does not appear on someone’s public criminal history, and after they successfully complete probation, the charge is dismissed.

False Accusations of Domestic Violence

Domestic violence is a severe problem in our community, and there are far too many instances of people using force, violence, or other forms of intimidation to harm others. Actual acts of domestic violence are unjustifiable, and punishment of some type, such as therapy and anger management counseling, may be appropriate. On the other hand, there are instances where people make false allegations of domestic violence. Making a false allegation is monstrous, and lies such as these should be investigated, prosecuted, and punished. A person making a false allegation may do so for any of the following reasons:

  • to gain an advantage in a divorce or custody dispute,
  • to get possession of a home or other property,
  • to set up a lawsuit for money,
  • to get revenge for some perceived slight,
  • because of a misunderstanding or accidental physical contact,
  • because of misperception due to drug or alcohol abuse, or
  • to escape responsibility for starting a physical altercation or committing a physical assault.

The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. has decades of experience successfully defending and protecting clients falsely accused of domestic violence. We have a team of Oakland County domestic violence defense attorneys who know how to get charges dismissed and, if necessary, take a case to trial and win. We never manipulate clients into accepting responsibility or pleading guilty when they are innocent. We will fight to win your case and do everything possible to achieve an acquittal or dismissal of all charges.

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Neither Jail nor Prison is Required

Over the past several decades, our attorneys have represented thousands of clients on assault allegations, including countless domestic violence cases. When an assault occurs, a defendant may be anxious about jail, loss of employment, loss of custody, deportation (for non-citizens of the United States), and much more. Even in these cases, there are various ways a seasoned, knowledgeable defense lawyer may still be able to prevent a conviction and keep your record clean.

The domestic violence defense attorneys with LEWIS & DICKSTEIN, P.L.L.C. consistently find ways to help clients avoid jail, even clients with prior records. The secret is to develop a credible plan to persuade a judge that jail is unnecessary and that it is better to focus on rehabilitation. Sometimes, a one-time incident precipitated by a loss of temper, overuse of alcohol or drugs, or some other reason will never be repeated. Under these circumstances, the defense lawyer’s job is to persuade the court to focus on rehabilitative sentencing options and alternatives to jail. The experienced attorneys with LEWIS & DICKSTEIN, P.L.L.C. can help you take proactive, beneficial measures to mitigate the judge’s sentence.

Domestic Violence Penalties in Oakland County, Michigan

The possible maximum sentence for domestic violence in Oakland County will depend on the allegations and any prior record. Here are the most common charges related to domestic violence situations.

Domestic Violence Offenses

Maximum Penalties

1st Offense Domestic Violence

93 days in jail and up to two (2) years of probation

2nd Offense Domestic Violence

One year in jail and up to two (2) years of probation

3rd Offense Domestic Violence

Five (5) years in prison and up to five (5) years on probation

Aggravated Domestic Violence

One year in jail and up to two (2) years of probation

Domestic Strangulation

10 years in prison and up to five (5) years of probation

Domestic Assault with a Weapon

Four (4) years in prison and up to five (5) years of probation

Assault with Intent to Do Great Bodily Harm

10 years in prison and up to five (5) years of probation

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Bond and Bail – How to Stay out of Jail!

It is of the utmost importance that a defendant charged in Oakland County with domestic violence be free on bail or bond. Statistically, defendants who remain in jail while their case goes through the court system get a harsher sentence. You should never appear for arraignment without an outstanding domestic violence defense lawyer at your side. It is best to have an attorney with a track record of achieving low and personal bonds in the Oakland County Circuit Court and the various Oakland County district courts.

Defenses to Domestic Violence in Oakland County

Although a conviction for domestic violence in Oakland County does not require an injury or corroborating evidence, some defenses can result in a dismissal of charges or an acquittal at trial. Examples of domestic violence defenses include:

  • actual innocence (false accusation),
  • mistake or accident,
  • lack of injury (for aggravated domestic violence)
  • malicious prosecution, and
  • self-defense.

A person can use reasonable force to defend themselves if it reasonably appears they are at risk of being assaulted. A man or woman can use force to protect themselves from another if it seems to them that self-defense is necessary under the circumstances. Any force used in self-defense must be reasonable under the circumstances. An Oakland County defense attorney does not have to prove their client was defending themselves; the prosecution must disprove self-defense.

What Are Your Options When Facing DV Charges?

An essential factor to consider in dealing with domestic violence charges in Michigan is the Domestic Violence First Offender Program, commonly referred to by its statutory designation, §769.4a. Under this statute, the judge may place the defendant on probation under advisement with the prosecutor’s consent. The probationary period often includes a no-contact order with the victim, educational programs, and fines and costs. Once the probation period is complete, the court will dismiss the case, and there will be no public record of conviction.

Is it a good deal? That depends. A deferred judgment and dismissal under §769.4a is a much better deal than a regular conviction. Still, it involves an admission of guilt, the hassle of probation, and the expense of all those fees, none of which are fair if you are innocent. Also, §769.4a is not guaranteed in Oakland County, and a lawyer must persuade a judge to grant that status. It is also best if the attorney persuades the prosecutor not to oppose a deferred judgment. The prosecutor’s office has substantial influence over circuit and district court judges. Only the most influential lawyers stand a chance of getting these judges to be cooperative.

What Could Be Better Than a Team of Top Defense Attorneys Having Your Back?

As you can see, the issues that arise during domestic violence criminal proceedings in Oakland County are complicated. That is why it is vital to find an attorney you can trust who has the experience, wisdom, and compassion to find the best possible result. The prosecution is stacked against you. It’s only fair that you hire an excellent team of lawyers to level the playing field. 

Why is a team of lawyers better than a solo practitioner? Criminal defense attorneys are notorious for sending substitute counsel to cover their cases when they have court conflicts. Lawyers frequently have multiple hearings set for the same day and cannot be everywhere simultaneously. A solo practitioner’s client might arrive in court only to find out they have a lawyer they’ve never met and know little about them and their case. With a law firm, the client is represented by all attorneys, and each lawyer is intimately familiar with the client and their situation. With LEWIS & DICKSTEIN, P.L.L.C., a client never has to worry about a substitute counsel or an attorney unfamiliar with their case. Additionally, a team of criminal defense lawyers working in unison and collaborating on their cases can outthink and outperform a single lawyer in almost every situation.

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The Best Oakland County Domestic Violence Defense Lawyers

If you face domestic violence allegations, all hope is not lost, and our domestic violence defense attorneys can find a way to help you. In many cases, jail seems unavoidable, or some vital part of someone’s life is at risk, such as a marriage, custody, career, firearm rights, or a professional license.

There is always hope, and we can almost always help clients achieve extraordinary results. If you contact the Domestic Violence Defense Team with LEWIS & DICKSTEIN, P.L.L.C., we will take the time to talk with you, answer your questions, and address your concerns. We will work with you to find a way to get the best outcome possible. When you tell us your priorities, they become our priorities, and we will do everything we can to ensure those things vital to you are protected.

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.

We will find a way to help you and, most importantly,
we are not afraid to win!

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