Shelby Township Domestic Violence Lawyers
Shelby Township Domestic Violence Lawyers
When you think of domestic violence, you may think of a family matter. Spouses, dating partners, children, parents, and anyone in the same household can be affected. While domestic violence does affect family members, this type of abuse is a crime. In fact, domestic violence is a misdemeanor under Michigan law. It is punishable by up to 93 days in jail, as well as a $500 fine.
What is Domestic Violence?
Domestic violence is a pattern of behavior that involves physical, emotional, and/or sexual abuse. It may involve physical contact such as hitting, slapping, punching, kicking, and strangulation. It can also involve weapons and having objects thrown at you. Domestic violence may also involve getting stalked, being threatened, being ridiculed, and being forced to perform sex acts. Economic abuse, such as being denied access to money and bank accounts, is also common.
Physical assault or contact is not required to accuse someone of domestic violence. Any threats or actions that would make a person feel frightened, intimidated, harassed, or threatened is enough.
Defense of Domestic Violence Accusations
If you have been accused of domestic violence, do not say anything to the police. Instead, contact a Shelby Township domestic violence lawyer to defend your case. There are several defenses that may be used:
- It did not happen. In domestic violence cases, a prosecutor must be able to prove two elements. First, someone must have been assaulted or battered. This involves fear, threats, or harmful or offensive touching. Second, there must be some sort of relationship between the accused and the victim. If a random person on the street was assaulted, that is not domestic violence. The parties involved must be household members, have a romantic relationship, or have a child in common.
- I did not do it. Many people are wrongfully accused of these crimes. It must be proven beyond a reasonable doubt that the accused person actually committed the crime. Prosecutors should gather sufficient evidence before pointing the finger. Eyewitness accounts, alibis, and forensic evidence can be helpful.
- It was justified. Self-defense and defense of others are common defenses. If someone hits you, it is only normal to want to defend yourself. The same applies if someone is harming your child or other family member. You may hit the person back in defense. Your lawyer may be able to get the charges against you dismissed based on this justification.
- I have mental issues. “Not guilty by reason of insanity” and “guilty but mentally ill” are defenses that can be used in Michigan. However, these defenses are hard to prove and require evaluations by psychologists and attorneys.
Contact a Michigan Criminal Defense Lawyer
Domestic violence is a serious crime that can lead to fines and jail time. If you have been accused of this crime, make sure you have a strong legal team on your side to provide you with a solid defense.
The Shelby Township domestic violence lawyers at Lucido & Manzella, P.C. can help protect your legal rights and your future. Schedule a consultation today by calling or filling out the online form.
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