If you are accused of
Domestic Assault, you need to understand that the Michigan laws on Domestic Violence Sentencing
are serious, and can effect your life more profoundly than you may think. Even typical
Sentencing without jail-time, can be harder than you imagine. The best
way to avoid being sentenced in the first place - is to
have the right defense attorney - one who will understand the strengths and weaknesses of your case, and
will be able to provide you the strongest defense possible. We understand
that you are eager to know the possible penalties you face. Michigan Domestic
Violence Sentencing, considering the amount of discretion given to a judge while determining
punishment in such a case, can havelife altering consequences.
First-time Domestic Violence Sentencing:
1. When considering all Domestic Violence Sentencing available, it may be possible for your defense attorney to negotiate an agreement where no conviction remains on your record. Based on MCL 769.4 a you may qualify for a Deferral, which is a one-time offer for First-time alleged offenders. However, a Deferral is treated as a priorconviction should there be a 2nd conviction.
2. Typical Domestic Violence Sentencing includes Probation for 12, 18, and up to 24 months.
3. Up to 93 days in jail and/or a $500 fine, assuming you are not facing a more serious charge, such as Aggravated Assault. However, unless the facts of your case are particularly extreme (or unlucky with the Judge assigned to your case) a first-time assault does not normally include jail.
4. Typical Domestic Violence Sentencing probation terms include:
- If you have minor children, CPS (Child Protective Services) may be called in on your case, compromising or jeopardizing your custody or visitation rights.
- In a typical Domestic Violence Sentencing, an order of 'no contact' with your accuser may be a condition. If you live with the accuser you will not be allowed to do so during any 'No Contact'. This order isnot the same as a PPO, and is not controlled by your accuser.
- Community Service may be ordered.
- If your case involves drugs or alcohol, a likely Domestic Violence Sentencing ordered, would be that you undergo random testing and treatment (AA). Any violation (drugs or alcohol found in your system anytime during the 1-2 yr probationary period) can result in (up to) 93 days in jail.
- You are likely be ordered to complete a "Batterers Awareness Program" or "Anger Management Class", which meets weekly (either 26 or 52 weeks). If you fail to complete the class, or come to terms with your problem, you are in violation of your probation.
If this is not your first domestic violence sentencing, you can expect the case will be prosecuted and sentenced more harshly. If you are convicted as a Third-time offender, this is classified as a 'felony' and punishable by up to 2 years in prison.
Prain Law, PLLC specializes in Michigan Courts, Michigan Judges, Michigan Domestic Violence Sentencing, and how they each impact your life. Whetherfalsely accused, afirst-time, orrepeat offender... working with experienced criminal defense attorney, Brian J. Prain, will help nail down the facts and insure that your case is aggressively defended in court using the best possible strategies.
For more information follow: Domestic Violence SentencingFor a free consultation, contact our offices by calling (248) 731-4543