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 prior record of the defendant. The law does not require a minimum amount of jail.
Domestic Violence in Michigan
A first offense carries Domestic Violence a potential punishment of 93 days in jail and up to 2 years of time-consuming, difficult, and expensive probation. A charge of aggravated domestic violence carries a possible 1-year sentence in jail. Don’t worry! The law does not require you to do any jail, 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 of action which 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.
Domestic violence can result in additional punishments above and beyond those 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 his or her household.
Prosecutors and judges are often overzealous in the prosecution and punishment of 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 Punishments for Domestic Violence with Prior Convictions
A domestic violence second offense carries a penalty of up to 1 year in jail and a $1,000.00 fine. With two prior convictions, the maximum sentence jumps to a 5-year felony with a $5,000.00 fine or both. 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.
Michigan judges have discretion regarding gun ownership, but federal law will prohibit someone convicted of domestic violence from possessing firearms. This is something a judge, prosecutor, or court-appointed attorney will rarely warn you about. It is probably becoming obvious to you 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.
If you are accused of domestic violence, and there is a very strong likelihood that you will be found guilty at a trial, there still is hope. If the prosecutor knows that you have a respected, aggressive retained attorney, he or she will know they will be unable to pressure you into a quick guilty plea. If a prosecutor knows he or she has a virtually unbeatable case, they may try to pressure you into a bad deal. However, if you have a reputable retained attorney at your side, the prosecutor will know they cannot buffalo you into a plea. In situations where 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 what the challenge, we will have your back, and we will not let you down.
Call us today at (248) 263-6800 for a free consultation, or complete a Request for Assistance Form and we will contact you promptly.