The Maximum Sentence for Domestic Violence Depends on Several Factors
Under Michigan law, the maximum possible sentence for a domestic violence conviction depends on the severity of the allegations and the defendant’s prior record. The law does not require a minimum amount of jail.
Domestic Violence in Michigan
A first offense carries a potential punishment of 93 days in jail and up to 2 years of time-consuming, challenging, and expensive probation. A charge of aggravated domestic violence carries a possible 1-year sentence in jail. Don’t worry! Although the punishment for domestic violence includes possible jail time, the law does not require incarceration, and an experienced lawyer can help you.
Domestic violence is an “assault” or “assault and battery.” A simple assault is an intentional action or threat that would make a reasonable person fear immediate harm being done to them. This is important because many people mistakenly think that actual physical touching must be charged with a domestic violence case. The critical factor in finding an assault is when any person “reasonably” feels they are about to be harmed. Assault and battery is an event where someone is actually touched. It is one step beyond the simple assault. Examples of a battery are punching, shoving, pushing, or scratching another person intentionally and without that person’s consent.
Punishment for Domestic Violence in Michigan
The punishment for domestic violence is above and beyond what can be imposed for simple assault or assault and battery. A simple assault or assault and battery may be charged as domestic violence when the alleged victim is a spouse or former spouse, if there is or was a dating relationship, if there is a child in common, or a resident or former resident of their household.
Prosecutors and judges are often overzealous in prosecuting and punishing domestic violence charges. The domestic violence defense lawyers with LEWIS & DICKSTEIN, P.L.L.C. will not be intimidated, and we will zealously fight to avoid a conviction and jail time.
Enhanced Sentence for Prior Convictions
A domestic violence second offense carries a penalty of up to 1 year in jail and a $1,000.00 fine. The maximum sentence jumps to a 5-year felony with a $5,000.00 fine or both with two prior convictions. Domestic violence becomes the more serious offense of aggravated domestic violence if there is an injury.
Other Consequences of a Domestic Violence Conviction
Even a first domestic violence conviction can result in immigration and firearm consequences. An alien convicted of domestic violence can be deported, refused entry into the United States, or denied US citizenship. With decades of experience representing aliens charged with domestic violence and other assaultive crimes, LEWIS & DICKSTEIN, P.L.L.C. has achieved unparalleled success in negotiating resolutions to minimize immigration consequences. If the punishment for domestic violence exceeds one year, the immigration consequences, including the possibility of deportation, are even harsher. A sentence of over one year can result from several domestic violence felony charges, such as domestic strangulation and felonious assault against a person with a domestic relationship.
Michigan judges have discretion regarding gun ownership, but federal law will prohibit someone convicted of domestic violence from possessing firearms. A judge, prosecutor, and court-appointed attorney will rarely inform a defendant of the loss of this solemn right. It is probably becoming obvious why you need an experienced, reputable, retained attorney at your side if you are charged with domestic violence.
Even if you’re guilty, You Still May be Able to Avoid a Conviction.
There is still hope if you are accused of domestic violence and are concerned about being convicted at trial. If the prosecutor knows that you have a respected, aggressive retained attorney, they will know they will be unable to pressure you into a quick guilty plea. If a prosecutor knows they have a virtually unbeatable case, they may try to pressure you into a lousy deal resulting in a severe punishment for domestic violence. However, if you have a reputable retained attorney at your side, the prosecutor will know they cannot buffalo you into a plea. When the evidence is overwhelming, an experienced domestic violence attorney will arrange a deferred conviction under the Domestic Violence Statute. With a deferred conviction, the defendant can earn a dismissal of all charges after successfully completing probation. Although a judge may be reluctant to give such a favorable sentence, a great lawyer will know how to make the most persuasive argument in court.
How to Get a Good Sentence for Domestic Violence
The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. has an outstanding record of achieving favorable results for clients charged with domestic violence in Oakland, Wayne, and Macomb Counties and throughout Michigan. When you need someone to stand up and fight you, no matter the challenge, we will have your back, and we will not let you down. The punishment for domestic violence includes direct and indirect consequences. If you call us, we will answer all of your questions, address each of your concerns, and find a way to help you.
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.