You're arguing with your spouse. You're both saying hurtful things that neither of you mean, but in the heat of the moment, you feel as if you do. Once thing leads to another, and the next thing you know, a police officer is handcuffing you and charging you with domestic violence. What happened?
The laws that make domestic violence and spousal abuse a violent crime in Lansing were created to help battered men and women fight back against their spouses or partners in a court of law, but sometimes the law is used for revenge or to punish the other spouse.
We at Grabel & Associates know just how debilitating a charge of domestic violence and spousal abuse can be. That's why we go above and beyond for our clients to make sure that their rights are protected and that both sides of the story are heard. Our Lansing defense attorneys know Michigan's laws backwards and forwards, and when you're working with us, you'll rest easy knowing that your case is in solid, capable hands.
A domestic violence charge is a special type of assault that is somewhat broader than spousal abuse. Domestic violence can involve the defendant and several other types of people, including a dating partner, spouse, a person with whom the defendant has a child, or any current or former residents in the defendant's household. Children or any roommates or family members living with a person can bring domestic violence charges against them.
According to the Michigan Penal Code 750.81, the victim of domestic violence does not have to have any physical injuries in order to file charges. Emotional abuse can also be considered domestic violence. In cases such as these where a misunderstanding gets out of hand, it is vital that you have a competent, aggressive attorney who will help you fight the charges.
Domestic violence charges get more serious if a defendant has a previous record of domestic violence. For a first conviction, it is considered a misdemeanor. The defendant will spend as many as 90 days in jail or must pay as much as $500 in fines. If a second conviction is made, it will still be considered a misdemeanor, but the charges are more severe. The defendant may have to spend up to a year in jail or pay up to $1,000 in fines. In both first and second convictions, you may spend time in jail, pay the fine, or both.
A third conviction is much more serious. The defendant will spend as many as two years in jail or pay as much as $2,500 in fines. Like the other convictions, defendants may do jail time, pay the fine, or both. Clearly these charges are nothing you would want to face alone. With an attorney from Grabel & Associates, you will never walk into the courtroom by yourself.
Depending on the circumstances of your situation, you could also face a number of other charges. Your attorney from Grabel & Associates will work hard to ensure that your charges are not upgraded. Here are a few you should be aware of.
A step above domestic violence, aggravated domestic assault (750.81a) does involve physically touching the victim. The injuries the victim sustains need to be bad enough that the victim must seek medical attention to heal properly. Upon a first conviction, a charge will be ruled a misdemeanor, and the defendant may face jail time up to one year, up to $1,000 in fines or both. If there is a second conviction, it will be rendered a felony, and the defendant will spend up to two years in jail, pay up to $2,500 in fines, or both.
Stalking is sometimes added to domestic violence and assault charges, depending on the nature of the incident. The state of Michigan defines stalking (750.211h) as the unconsented contact of another individual that it initiated or continued without the individual's consent or is ignoring or disregarding that individual's expressed desire that all contact be avoided or stopped entirely. Some common forms of stalking include:
There are many other forms of stalking, but these are some of the more common ones. Stalking is considered a misdemeanor and can lead to one year in prison and a fine of $1,000. In some cases, both punishments may be applied.
Remember, you do not have to face these charges alone. Call Grabel & Associates and get started on your defense.
Domestic violence and spousal abuse are some of the hardest charges for any family to face. Children are sometimes caught in the middle, and happy homes are sometimes broken. To some, they may be irreparable, but for Grabel & Associates, we know we can get to the bottom of your case and help it come to a satisfactory conclusion.
Before charges are filed, it is vital that you contact the skilled attorneys at Grabel & Associates. Our toll-free number is 1-800-342-7896, and you can also contact us through our website. Do not put your freedom at risk. Contact Grabel & Associates today.