Sentence for Domestic Violence in Michigan, by Domestic Violence Criminal Defense Lawyer Brian J. Prain.
As a Michigan Domestic Violence lawyer, I am well aware that those facing a Michigan Domestic Violence charge (also properly called a Domestic Assault charge) want to know what the bottom-line is going to be for them. If you've elected not to take your Domestic Violence charge to Trial, and have thus decided that a plea of guilty or no contest is the best option for you, your next day in Court will be your Sentencing. The Judge has the power to sentence you to Probation for up to 2 years, Jail for up to 93 days, a $500.00 fine, or some combination of all three. The penalties are increased for Domestic Violence 2nd Offenses, Aggravated Domestic Violence, and Felony Domestic Violence.
Each day, we are asked "what is the typical sentence for Domestic Violence in Michigan?" I have found that when a potential client asks this question, what they really want to know is "what are the chances I'll get Jail time?"
The best answer is that there is no "typical" sentence for Domestic Violence in Michigan. Every case is different. In-fact, the law says the Judge must consider the unique facts and circumstance of your case to determine your particular sentence for Domestic Violence in Michigan. If you have plead guilty or no contest as a first time Domestic Violence offender, if the alleged victim and prosecutor agree, you may get the Michigan Domestic Violence Deferral under MCL 769.4a.
Whether you get 769.4a or not as a first time offender, as your sentence for Domestic Violence in Michigan, you can expect to be on Probation for approximately 1 year. You may be expected to attend either 26 or 52 weeks in a "batterer's awareness program" which requires you go attend once per week. If your spouse or significant other is still upset at you, you can also expect that any No Contact Order as part of your Bond that has not been removed will continue as a term of Probation. If the incident involved alcohol or drugs, you can expect to be subject to random testing. You can expect to perform Community Service. Your total fines and costs will be approximately $1,200.00.
In cases where the allegations are particularly egregious, such as choking, continued battering, leaving a physical mark or injury, etc., the sentence for Domestic Violence in Michigan includes a possibility of Jail time that increases significantly. This is also true for less-serious allegations, but where you are facing an Aggravated Domestic Violence, 2nd Offense, or Felony Domestic Violence (which can include Prison time).
There are many ways to reduce, control, and gain certainty about your sentence for Domestic Violence in Michigan. The best ones always start with hiring the right Michigan Domestic Violence lawyer. Prain Law, PLLC, makes it our business to handle these cases. The best way to get a favorable sentence for Domestic Violence in Michigan is to have no Sentence at all. Call Prain Law, PLLC anytime at (248) 731-4543, or visit our website here for a free, detailed consultation (or, fill out our Contact Form).
Brian J. Prain has been awarded by Super Lawyers Magazine and featured in Hour Detroit Magazine for his success in defending the accused.