Defense Against Domestic Violence Charges in Flint
A family, marriage, divorce, or relationship does not give anyone the right to abuse or threaten anyone, nor does it entitle anyone to be subjected to this behavior. Although women are usually the victims of domestic violence, other instances of abuse involve spouses, domestic partners, children, and the elderly. Abuse is not limited to physical harm, as it also encompasses neglect of those unable to take care of themselves.
If you have been charged with domestic violence, it can affect the most important parts of your life; your employment, your family, and the respect of everyone in your life is at risk. When the stakes are high, it is critical to get in touch with a Flint criminal defense lawyer at once to discuss your situation.
You should not enter a dispute without solid legal assistance. Some examples of domestic violence and family abuse are:
- Physical abuse like assault, beating, and molesting
- Sexual abuse
- Psychological abuse
- Battery
- Stalking
- Disorderly conduct
- Criminal trespass on private property or a workplace
- Kidnapping and false imprisonment
- Reckless endangerment
- Child abuse and molestation
- Committing rape or sexual assault
- Removing children from the home without permission
- Restraining order violations
- Interfering with the removal of children against a court order
- Harassing phone calls and emails
It is plain to see that domestic violence is by no means restricted to overtly violent acts. According to Michigan law, domestic violence can be physical, emotional, sexual, economic or psychological. The mere threat of any of these actions still constitutes domestic violence.
Why Hire Me For Your Flint Domestic Violence Charges?
If you’re facing domestic violence charges in Flint, Michigan, you’re likely feeling the weight of this difficult situation and its potential effects on your life. With over 30 years of legal experience, I offer a steady, knowledgeable approach to defending domestic violence cases. Here’s why this approach may be right for you:
- Extensive Experience: I have been representing clients in Michigan courts for over two decades, handling cases that require careful preparation and extensive knowledge of criminal law. My familiarity with Michigan’s legal system, judges, and prosecutors allows me to deliver strong and informed legal representation.
- Personalized Defense Strategies: I approach each case with fresh eyes. Together, we’ll examine the details of your case to create a defense that fits your situation. I take the time to listen to your side of the story, review legal options, and work to develop a plan that best represents your interests.
- Strong Negotiation Skills: In some cases, the best outcome is reached outside of the courtroom. My experience helps me work with prosecutors to potentially reduce charges or reach alternative resolutions. This approach can be especially beneficial if there’s room to negotiate for a lesser offense or dismissal.
- Accessible Legal Support: I know that facing criminal charges can bring many questions and concerns at all hours. That’s why I make myself accessible to my clients when they need guidance or reassurance. I prioritize open communication so that you feel informed and supported throughout the legal process.
Domestic violence charges can impact more than just your criminal record – they can affect your relationships, employment, and community standing. I protect your rights and vigorously defend your case to minimize any undue harm to your reputation. If you’re ready to speak to a Flint domestic violence lawyer, I’m here to provide the experienced and steady support you need.
Domestic Violence Charges
Domestic violence (DV) charges in Michigan include a wide range of allegations involving family members, partners, and individuals in close relationships. These charges can arise from situations involving physical harm, threats, emotional abuse, or harassment, and they’re often filed quickly and in the heat of the moment. In Michigan, domestic violence is taken seriously, with prosecutors pressing charges even in cases where the alleged victim later chooses not to pursue the complaint.
Michigan domestic violence laws recognize multiple forms of DV offenses, such as misdemeanor domestic assault, which can escalate to felony charges if there is a record of prior convictions or if serious injuries are alleged. The severity of the charge can also increase if a weapon is reportedly involved. Regardless of the details, having a criminal defense attorney who understands these various types of DV cases is essential.
Penalties for Domestic Violence
Criminal penalties for domestic violence convictions in Michigan vary significantly based on the circumstances of the case, the presence of prior criminal convictions, and the degree of harm alleged. For a first-time misdemeanor DV charge, penalties may include:
- Fines: Up to $500
- Jail Time: Up to 93 days
- Probation and Counseling: Court-ordered probation and participation in anger management or DV programs
For second offenses, the penalties increase, with potential jail time of up to a year and higher fines. A third offense, or a felony DV charge, can lead to prison time of up to five years and steep fines. Felony convictions also result in long-term restrictions, such as difficulties with child custody, employment, housing, and professional licensing.
Those convicted of domestic violence may also face personal protective orders (PPOs), affecting their ability to interact with family members or return to their residence. Understanding the penalties and the potential for a lifelong impact emphasizes the need for experienced legal support in these cases.
Are You Automatically Arrested if Accused of Domestic Violence?
In Michigan, an arrest for domestic abuse is not automatic but IS highly probable if law enforcement officers have reasonable grounds to believe an assault has occurred. Michigan law gives the police broad discretion to arrest without a warrant if they suspect domestic assault, particularly when visible injuries or other evidence are present. Furthermore, officers are often encouraged to make arrests to prevent potential bodily harm or escalation in domestic situations, even if the alleged victim does not wish to press charges.
Michigan’s “preferred arrest” policy also supports the idea that an officer should make an arrest in domestic violence incidents when evidence suggests a crime has taken place. This policy aims to protect domestic abuse victims and prevent further violence, which means an arrest is frequently part of the immediate response in these cases.
When to Contact a Flint Domestic Violence Attorney
If you’ve been arrested or are under investigation for domestic abuse, you should reach out to a criminal defense attorney as soon as possible. An attorney can provide early guidance on what to expect, help you understand your rights, and develop an immediate plan to protect your interests.
Early consultation allows a violent crimes attorney to gather evidence, speak with witnesses, and assess the circumstances surrounding the arrest. They can also represent you in initial hearings and potentially negotiate bail arrangements to help minimize immediate disruptions. Engaging an attorney quickly can also set the tone for your defense, allowing your side of the story to be represented accurately from the start.
Domestic violence cases can be emotionally charged, and having a knowledgeable attorney on your side helps ensure that you’re not facing these challenges alone. If you’ve been charged or are worried about potential charges, reaching out promptly provides the best chance for a positive outcome.
Protect Yourself from Domestic Violence Charges in Genesee County
Being charged with a domestic violence crime like spousal abuse or restraining order violation is an extremely serious situation. My firm, Shaun R. Marks, P.C., wants to help you litigate your case and fight to clear your name for good. Keep in mind that it is crucial to refrain from making statements without an attorney present.
My firm provides legal aid for Genesee County (Flint, Grand Blanc, Fenton, Davison, Flushing, and Burton) as well as Oakland County (Clarkston, Waterford, Pontiac, Bloomfield Hills, Rochester Hills, Novi, and Troy), Lapeer County, Shiawassee county and Saginaw County.
If you or a loved one has been accused of domestic violence, it is of utmost importance that you schedule a free consultation today with a criminal defense lawyer. Let me help you protect your future and put this difficult time behind you.
Related: Gun Crimes Lawyers in Flint
