Domestic abuse is a common occurrence in Michigan and other parts of the country. Some people consider it strictly a family matter, but it is not — it is a crime.
It is common for people to be confused about domestic violence. They may think it only applies if they hit or physically assault their spouse. Under Michigan law, verbal threats apply too, and the victim can be a:
Domestic violence is punishable by a $500 fine and 93 days in jail, so it is no laughing matter. If the police are called for domestic abuse, you could be in a lot of trouble. Read on to see what could happen.
When police are called to the scene of an argument, Michigan law requires them to investigate the matter. If they have probable cause, they will arrest the person accused of abuse. Probable cause is typically based on the caller’s statements and accusations.
If you are arrested, officers should inform you of your Miranda rights. Do not answer any questions; remain silent and call a defense lawyer right away. A lawyer can represent you in a domestic violence case.
Police officers will forward an incident report to the prosecutor. If the prosecutor finds enough evidence, the state will charge you with domestic violence. It does not matter if the victim does not want to press charges; once the police are called, they will take over as they see fit.
The specific charges you could face will depend on the alleged circumstances. You could face misdemeanor or felony charges. The court may order a no-contact order, which can have many consequences. You will not be able to contact the victim at all. You cannot go back home, which means you will be forced to stay away from the victim and any children. A no-contact order may even affect your ability to work.
Michigan law takes domestic violence very seriously. The penalties for a conviction can include incarceration, probation, and fines. You want a defense lawyer on your side who has experience fighting domestic violence charges.
The evidence is often minimal, so this can work in your favor to some degree. However, challenging a he-said, she-said scenario is very challenging. Your lawyer will need to work to prevent the prosecutor from proving your charges beyond a reasonable doubt. If your lawyer succeeds, you may be able to get your charge dismissed.
If you decide to plead guilty to your charges, your defense lawyer can negotiate the most favorable plea deal possible with the prosecutor.
Domestic violence is taken seriously in Michigan. You could face jail time and fines if you face charges. Seek legal help from the experienced Michigan domestic violence lawyers from Lucido & Manzella, P.C. We will assess your case and help you get a favorable outcome. Schedule a consultation by calling (586) 228-3900 or filling out the online form.
We offer a free initial consultation so you will get an opportunity to meet us, and we will have an opportunity to learn more about your legal issue.
Mr. Manzella represents businessman William Weber, who admitted to falsifying an invoice at ex-Macomb prosecutor Eric Smith’s request. He pleaded guilty to misdemeanor charges of conspiracy to commit a legal act in an illegal manner, with felony offenses dismissed during the sentencing.
L’Tonya Marie Payne, a 51-year-old black woman, is facing misdemeanor assault charges following an altercation. The complaining witness, who is white, stated the police would not believe Ms. Payne due to her skin color. Attorney Vince Manzella is working alongside Ms. Payne to fight these allegations, as she was arrested simply on the basis of the witness’s word.
Joseph Wolf, former director of the Detroit Stars, was sentenced to two years of supervised probation. Wolf pleaded guilty to embezzling funds from the nonprofit youth baseball league. Typically, the felony count can result in up to 10 years in prison, a fine of $15,000, and other charges, but Lucido & Manzella, P.C. was able to help the client receive a reduced sentence.
Charles Frontera, a former Roseville city councilman, was sentenced to a year of probation after a misdemeanor charge was dismissed at sentencing. During a pretrial conference, Mr. Frontera pleaded guilty to substance possession, and in doing so, Attorney Manzella was able to protect the client from severe charges.