A person charged with domestic violence or domestic assault in Michigan needs an effective, dedicated criminal defense lawyer. This type of case can lead to incarceration, probation with conditions, fines and costs, interference with gun rights, and can impact a person’s immigration status if the person is not a United States citizen. The lawyers at Hilf & Hilf, PLC have the experience and track record to help you.What Constitutes Domestic Violence?
The basic elements of a domestic violence charge include the following:
- The complaining witness is a spouse, former spouse, has a child in common with the Defendant, has or had a dating relationship with the Defendant, or is a resident or former resident of the same household as the Defendant.
- The Defendant committed an assault or battery against the person with whom the above stated relationship exists.
There are aggravating factors that can make the charge more serious. The aggravating factors include the Defendant’s prior record, the severity of the injury sustained, whether or not strangulation occurred, and the location of the offense. Domestic assaults that allegedly occur at the home of the complaining witness, when the Defendant had no right to enter, often lead to Home Invasion charges. If a telecommunication device was interfered with during the alleged incident (the complaining witness is interfered with, or prevented from, making a telephone call), that is often charged with separately. If the offense was alleged to occur when the complaining witness had a personal protection order in place or a court order to restrain the Defendant from having contact, this also can result in a separate charge.
It is not uncommon with this type of a charge for the complaining witness to seek or desire to have the charge dismissed. In the event that this occurs, the person accused will still need the assistance of an experienced lawyer. In most cases, the prosecution is not swayed by such a request. However, the reasons behind a dismissal request may be as simple as reconciliation, or as complicated as a 5th Amendment Concern (for example, the complaining witness filed a false police report; the complaining witness was the aggressor, etc.).
You need an experienced criminal lawyer, because you do not want to face this charge without someone having your back. The prosecution has vast resources at its disposal, such as: police officers, investigators, detectives, and “crime victim advocates”. It is important to have someone working on behalf of you and your interests.
An experienced criminal defense lawyer can help you:
- Address the police and prosecutors in an effective manner;
- Have reasonable bond conditions set;
- Address the “no contact provision” when appropriate;
- Obtain the necessary discovery materials and evidence to properly defend the case;
- Build a strong defense;
- File and argue any necessary motions in Court;
- Fight at trial, or negotiate a fair resolution;
- Try to avoid having a conviction entered;
- Address concerns regarding child custody/parenting time, retrieval of belongings/property, employment issues, and immigration related issues.
- Have someone who cares about the result, and who is working to obtain the best possible result given the particular facts of the case.
Contact our offices today to schedule your consultation and learn more about how we can fight to protect your rights.