Domestic Violence Lawyer in Rochester Hills MI
Domestic violence charges bring serious penalties in Michigan. And in addition to fines, jail time, and restraining orders, a conviction could have far-reaching effects on your life, tarnishing your reputation and hindering your ability to find employment. That’s why it’s important to have an experienced Rochester Hills MI domestic violence lawyer help you fight the charges against you.
Domestic Violence Is a Form of Assault and Battery
Under Michigan law, domestic violence is a form of assault and battery. Assault and battery involves someone putting another in fear of harm (assault) and ends in physical contact (battery).
Domestic violence therefore involves committing assault and/or battery on the following:
- Your spouse or ex
- Someone with whom you are in a dating relationship
- Parent of your child
- Other family or household members.
Domestic Assault vs. Aggravated Domestic Assault
Domestic violence can take the form of two distinct charges:
- Domestic Assault: Does not require that the victim suffer physical injuries; and
- Aggravated Domestic Assault: Requires that the victim suffer serious injuries needing medical attention.
Domestic violence can also take the form of stalking. Stalking is the intentional, repeated harassment of someone you have a family or dating relationship with. Aggravated stalking involves stalking that is accompanied by a violation of an injunction, restraining order, or probation or bond conditions.
What Are the Penalties for Domestic Violence?
A first-time domestic assault conviction could result in up to 93 days in jail, up to $500 in fines, or both. A second conviction could land you in prison for up to one year, a fine of up to $1000, or both. Subsequent convictions will elevate the charge to a felony. Punishment could include up to two years in jail, a fine of up to $5,000, or both, or five years’ probation.
For aggravated domestic assault, you could face up to one year of prison, up to $1000 in fines, or both. A second conviction will be considered a felony. It will be punishable by up to two years in prison, up to $2500 in fines, or both.
Stalking may result in up to one year of jail, up to $1000 in fines, or both. Aggravated stalking could impose up to five years of prison, up to $10,000 in fines, or both.
How Is Domestic Violence Treated Differently in Michigan?
Michigan law treats domestic violence differently than it does other crimes. For example, the police can arrest you without a warrant for domestic assault. They simply need reasonable cause to believe you committed domestic violence. instead of having to actually witness the act, the police only need the testimony of a witness to have probable cause.
As a result, an innocent person could easily be charged with domestic violence based solely on the accusations of a jealous or resentful partner.
Speak With a Rochester Hills MI Domestic Violence Lawyer Today
If you have been charged with domestic assault, a Rochester Hills MI criminal defense attorney can help. The sooner you can have an experienced attorney can step in to defend you, the more likely you are to avoid conviction and or severe penalties. Contact Sumner & Associates, P.C. to learn more about you can protect your rights.