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Domestic Violence

Domestic violence, a very common crime charged in Michigan, is governed by MCL 750.81. Per the Michigan Domestic Violence Statute, MCL 750.81, the State prohibits one from assaulting or battering another person.  A domestic violence charge may be brought as a felony or a misdemeanor.

Domestic Violence First Offense
A first offense domestic violence charge, a misdemeanor, could land you up to 93 days in jail.   However in many cases, probation will be given, coupled with fines, costs, classes, and refraining from any alcohol or drug use.

Additionally, first time domestic violence offenders may be eligible for a 769.4a deferral, allowing one to plead guilty, serve probation, and if there are no violations, the charges will be dismissed at the end of the probation period, meaning that they will not have a criminal record.  However, this deferral is sometimes used to deter innocent people from fighting and winning their case.  If you are accused of committing domestic violence, you need a team fighting for you.

Domestic Violence Second Offense
A second offense domestic violence, a misdemeanor in Michigan, carries the possibility of up to one year of jail, fines and costs.  A person accused of a second offense domestic violence will not be eligible for a 769.4a deferral, and will likely be sentenced to some time in jail.

Felony Domestic Violence
If you have two previous convictions for domestic violence, you may be charged with felony domestic violence.  A conviction for this felony charge could lead to up to 2 years in prison with fines and costs up to $2,500.00.

 

 

Learn more about Michigan Felonies, Felony Court Procedures, Common Misdemeanors and Misdemeanor Court Procedures, or call us today at (248) 733-5530 to schedule an appointment.