How many times have I heard that question,"Will I go to jail for Domestic Violence in Michigan?" (Also known as Michigan Domestic Assault or Michigan DV). Too numerous
to count for certain... but to answer your question, Jail-time for a Domestic
Violence - First Offense - is rare in Michigan. In fact, at
Prain Law, PLLC we've never had a Domestic Violence client (even one who accepts a
plea deal) go to Jail!
HOWEVER, a Michigan Domestic Violence charge is serious, and a crime of alleged violence is punishable to up to93 days is Jail, or more, if there are prior convictions, as well as other potential issue -, so the risk is ever-present.
If you are still concerned, stop reading and talk to someone who knows Michigan Law, Michigan Courts and the Michigan Judges and Prosecutor's. Call PRAIN LAW, PLLC at (248) 731-4543.
Here are some additional reasons you could be at a heightened risk for a Jail sentence, even as a first-time offender:
- You have been assigned a tough Judge. OR, based on the facts of your case, the Judge is concerned, for any reason, about the future safety of your accuser (until you fight back, the Presumption of Innocence in Michigan Domestic Violence cases is all but an illusion.)
- Your accuser has claimed to Police, Prosecutor or Victim's Advocate that you have committed prior acts of Domestic Violence, whether the Police were called or not. NOTE: this may have happened without your knowledge; your Domestic Violence Attorney will need to get "Discovery" to determine if this was alleged. This could potentially increase the possibility of Jail for a Domestic Violence first offense in Michigan. (See Our Article: Why this Law is Unfair)
- Your accuser claims your alleged actions caused certain types of injuries, regardless of whether the allegations are true or untrue, whether the Police included it in their report, or photo's were taken of it.
- You either violated or allegedly violated a Domestic Violence No Contact Order (a Bond Condition). This increases the chance of Jail, for Violation of Bond Conditions, which is applicable to any (first-time or otherwise) offense.
- Your accuser called 911 or Police and on the recording of the call they sounded terrorized.
- If this is charged as a first-time Michigan Domestic Violence charge, but you were actually arrested, charged, prosecuted and convicted before.
- The possibility of Jail is very high if you are on Probation when first-time Domestic Violence charges are filed. This would likely be a Violation of Probation.
- If you are facing a Domestic Violence charge is Oakland County, Michigan.
- If you are facing a Domestic Violence charge in the 48th District Court in Bloomfield Hills, Michigan OR a Domestic Violence charge in the 52-3 District Court in Rochester, Michigan.
Still finding reasons to ask the question , "Will I go to jail for Domestic Violence in Michigan"? Call our office for a free consultation. (248) 731-4543