Once allegations of domestic violence have been made, the criminal process is in motion and it is difficult to stop, even if the victim decides not to press charges.
You will need to appear for court, and you may be restricted from entering your own home, accessing your possessions, or contacting your spouse or domestic partner.
In addition, you face the possibility of jail time, hefty fines, having a criminal conviction on your record, mandatory attendance at treatment programs, and child visitation and custody issues to resolve.
Unfortunately, innocence does not always guarantee an acquittal. That’s why you need a skilled and experienced criminal defense attorney on your side.
There are several steps you can take to minimize the likelihood of a domestic violence conviction. Start by contacting a criminal defense lawyer as soon as possible after your arrest.
At Elmen Legal, I will speak with you as soon as possible, and will do everything I can to help you beat the charge and minimize the consequences of a domestic violence allegation.
Domestic violence is any violent crime committed against a spouse, former spouse, someone you were or are currently dating, someone with whom you have a child, or someone with whom you reside or have resided.
A first-time conviction for domestic violence is a misdemeanor, punishable by up to 93 days in jail, a fine of up to $500, up to 2 years of probation, and restitution.
Conviction for a second charge of domestic violence is a felony, punishable by up to 1 year in jail, a fine of up to $1,000, or both, plus up to 2 years of probation for up to two years and restitution.
Aggravated domestic assault and battery is a felony for a first conviction, punishable by up to 1 year in jail, a fine of up to $1,000, or both, up to two years or probation, plus restitution.
If you have a prior conviction for domestic assault and battery you face up to two years in prison, a fine of up to $5,000, or both, up to 5 years of probation, and restitution.
In order to have a domestic violence case dismissed or secure a not guilty verdict, you need a skilled and experienced attorney on your side, fighting for you rights.
At Elmen Legal, I will prepare the necessary motions asking the judge to dismiss your case, and showing the evidence in the light most favorable to you. Depending on the unique circumstances of your case, I may be able to have the case against you dismissed, or have illegally obtained evidence suppressed, which can lead to a successful plea bargain or dismissal of your case.
I will highlight your good character, the lack of a serious criminal record, and the circumstances surrounding your arrest.
I will independently investigate the allegations, reviewing the prosecution’s evidence, interviewing and subpoenaing witnesses, and finding other evidence of your innocence.
I will raise affirmative defenses as appropriate, include self-defense or defense of others, lack of intent or ability to commit the crime, provocation, and false allegations.
We will work together to defend you against allegations of domestic violence, and I will take on some of the emotional burden of a domestic violence charge, advising you of your rights and helping you decide how best to move forward.
Domestic violence allegations can wreak havoc on a family, and you may feel like you have nowhere to turn.
I understand the delicate nature of domestic violence allegations and will help you to fully understand the charges against you, the potential consequences of a conviction, and your options on how to defend yourself against the charges.
I also understand that at a domestic violence hearing, everyone is or was family and that emotions run deep. I will do my best to make sure the trial does not unnecessarily damage relationships with your family, while at the same time vigorously defending you and your rights.
I am proud to represent people who have been charged with domestic violence in Ann Arbor, Saline, Pittsfield Township, Chelsea, or Ypsilanti, in Washtenaw, Wayne, Monroe, Lenawee, Hillsdale, Jackson, Ingham, Livingston, and Oakland Counties.
© 2020 Elmen Legal, PLLC — Ann Arbor, Michigan Criminal Defense Attorney