LA GRASSO | ABDO | SILVERI
Domestic Violence
Domestic Violence
Here to help
Domestic violence charges threaten to tear families apart. If you are charged with the crime of domestic violence, you not only face possible criminal charges but might also have to worry about family and custody issues as well. Typically, courts issue no-contact orders to the defendants preventing them from seeing family members while the case is pending.
Michigan defines domestic violence as “a pattern of learned behavior in which one person uses physical, sexual, and emotional abuse to control another person.” See Michigan.gov. The offense is criminalized under MCL 750.81, which makes it a crime to assault or assault and batter a spouse, former spouse, someone you have a dating relationship with, someone you have a child with, and a resident or former resident of your household. Penalties vary depending on if you have any prior domestic violence offenses. Your penalties may also increase if you are charged with aggravated domestic violence pursuant to MCL 750.81a.
| OFFENSE | PUNISHMENT | STATUTE |
|---|---|---|
|
Domestic Violence First Offense (3rd Degree) |
Misdemeanor with a maximum penalty of 93 days in jail, or a maximum fine of $500, or both. |
MCL 750.81 |
|
Domestic Violence Second Offense (2nd Degree) |
Misdemeanor with a maximum penalty of 1 year in jail, or a maximum fine of $1,000, or both |
MCL 750.81 |
|
Domestic Violence Third Offense (1st Degree) |
Felony with a maximum penalty of 5 years in jail, or a maximum fine of $5,000, or both |
MCL 750.81 |
|
Aggravated Domestic Violence First Offense |
Misdemeanor with a maximum penalty of 1 year in jail, or a maximum fine of $1,000, or both |
MCL 750.81a |
|
Aggravated Domestic Violence Second Offense |
Felony with a maximum penalty of 5 years in jail, or a maximum fine of $5,000, or both |
MCL 750.81a |
If you or someone you know is dealing with a domestic violence charge, it is imperative that you seek legal representation from a lawyer familiar with this area of law. Many clients need guidance while out on bond to ensure there are no violations. Our skilled attorneys at La Grasso, Abdo, & Silveri can help you prepare a defense and represent you in court. Finding resolution that can keep someone’s criminal record clean and keep you out of jail may be available.
If you would like to set up a consultation to discuss your case further, please contact us or call (586) 413-7777 at your earliest convenience.
