Family relationships are not always easy, and if emotions run high between you and a household member you could get accused of domestic violence. Michigan has unique laws regarding domestic violence, so if you have been accused of threatening to harm or actually harming a family member it is critical that you speak with a domestic violence defense attorney right away. At Ray Law Criminal Defense Attorneys in Novi, our experienced Michigan attorneys are here to help. Call or contact the office today to schedule a case evaluation.
Domestic Violence Defined
Michigan law defines domestic violence as a pattern of learned behavior where a person uses physical, emotional, and sexual abuse to control another household or family member. In order to qualify as domestic violence the situation must involve individuals in a special household relationship. Household or family members include:
A spouse
A former spouse
A person residing in the same household
Parents and children
Stepparents and stepchildren
Foster parents and foster children
A person with a child in common
A person in a current or former dating relationship
What Constitutes Domestic Violence?
One of the most surprising things about domestic violence charges is that some charges do not require physical contact. Even the threat of physical or sexual violence can be enough in Michigan for a domestic violence charge. Claiming that you did not touch a household member is not always enough to overcome claims of domestic violence.
Physical domestic violence includes threats or overt acts of slapping, kicking, punching, strangling, biting, pulling hair, or withholding food and water. Emotional domestic violence includes name calling, manipulation, acts of extreme jealousy, humiliation, degradation, threatening household members, threatening to commit suicide, and monitoring the activities of a household member. Sexual domestic violence includes rape, groping, injuring private parts of the body, and refusing to use protection.
Penalties for Domestic Violence in Michigan
In Michigan, domestic violence is classified as either domestic assault or aggravated domestic assault. For charges of domestic assault, an alleged victim does not need to be injured in order to be convicted of a crime. The first two convictions of domestic assault are misdemeanor offenses, with the first offense resulting in up to 93 days in jail and a second offense leading to up to one year in jail along with significant fines for each. A third or subsequent conviction for domestic assault is considered a felony that comes with up to five years in prison and a $5,000 fine.
Aggravated domestic violence charges require that the alleged victim receive serious or aggravated injuries that require medical attention. A first offense for aggravated domestic assault is a misdemeanor that can result in a year in jail and $1,000 fine. A second offense is a felony that comes with up to five years in prison and a $5,000 fine. Depending on the specifics of the case, a person accused of domestic violence may also be charged with assault with a deadly weapon, assault with intent to do great bodily harm, kidnapping, sexual crimes, and more.
Contact Us and Talk to Our Office
If you have been accused of committing domestic violence in Michigan, call
(248) 717-1812 or contact Ray Law Criminal Defense Attorneys to schedule a free case evaluation.
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