Consequences of a Domestic Violence Conviction
A conviction for domestic violence can have direct and indirect consequences. In addition to jail and probation, your job, family, reputation, professional license, and more can be negatively impacted.
What are the possible consequences of a domestic violence conviction?
You face severe penalties if you’re convicted of domestic violence due to a plea or conviction at trial. In addition to jail and lengthy probation, the consequences of a domestic violence conviction might include loss of employment, lost employment opportunities, a severe disadvantage in divorce proceedings, licensure problems, and even a loss of child custody or unsupervised visitation. Someone charged with spousal abuse or domestic assault needs an experienced and aggressive criminal defense attorney who will fight for them and is not afraid to win!
When the police are called on a complaint about domestic violence, is someone going to jail? More than likely. When police are called to a home or residence on a domestic violence call, they usually arrest someone from the home (almost always the man). Police claim that they make an arrest on domestic violence charges to diffuse the situation and prevent further problems. Sometimes this is true, and sometimes the arrest is made because the woman 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 a domestic violence attorney in Michigan who will handle your defense like they would if you were a member of their own family. The police and prosecutor will take your prosecution seriously and seek to have you thrown in jail. The judge will take your case seriously and look to either incarcerate you or give you terms and conditions of probation that will be onerous and burdensome. Your defense lawyer must take your defense seriously, even more seriously than any of the other players in the system. Your life, family, and freedom are 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 domestic violence allegations may affect your child custody or visitation; you or your children could be removed from your home, lose a job or employment opportunity, and face prison time. You need and deserve the best legal representation to protect your rights.
Free Consultation for Domestic Violence Charges
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).
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 domestic violence wants to drop the matter, the prosecutor rarely 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 to coerce them to testify favorably for the prosecution. Believe it or not, this is done to victims even when the allegations were wholly and honestly false.
Immigration Consequence of a Domestic Violence Conviction
Under United States immigration law, a felony or misdemeanor conviction for domestic violence is considered a Crime of Moral Turpitude (CMT). A CMT conviction, like domestic violence, carries the potential of deportation or inadmissibility. A domestic violence conviction does not result in mandatory deportation. Statutes in Michigan, such as the Dometic Violence Statute, permit a judge to take a guilty plea under advisement so that it does not result in a public conviction. These statutes are ineffectual under immigration law, and an immigration judge will consider a plea under advisement as a conviction for a CMT.
Michigan’s Top Domestic Violence Team of Lawyers
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. In many cases, the indirect consequences of a conviction are worse than direct consequences, such as jail and fines. Reach out to LEWIS & DICKSTEIN, P.L.L.C. for help today for a free consultation. We have an unparalleled track record of successfully representing clients and achieving extraordinary results.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.