In Michigan, the law defines domestic violence as “an assault or assault and battery by a spouse, former spouse, person residing or having resided in the same household as the victim, or person having a child in common with the victim.” This can refer to a current or ex husband or wife, boyfriend or girlfriend, roommate, extended family member, and more – but notice how there is no distinct preconceived correlation between gender/age and guilt. The state of Michigan recognizes the capability of anyone, both man or woman, young or old, to inflict domestic violence, which is why in such delicate matters where two or more people are convincingly defending their own sides of the same story, our justice system must be willing to look beyond how things may appear to investigate and proclaim the truth. Many first responders might take one look at the scene of the crime and immediately come to a bias conclusion regarding fault; however, our open-minded domestic violence attorneys at Fraiberg & Pernie, PLLC know better, and will do whatever we can to ensure that your side of the story is given the fair chance it deserves. After all, domestic violence charges can come with some pretty significant penalties depending on the situation. For instance, Michigan law recognizes two separate classifications of domestic violence:
Domestic Assault (MCL 750.81)
A domestic assault charge does not require the victim to have sustained any injuries, and still criminal punishments include:
1st Conviction – A person’s first domestic assault conviction will be treated as a misdemeanor, punishable by as many as 93 days in jail and/or a $500 fine.
2nd Conviction – A person’s second domestic assault conviction will still be treated as a misdemeanor, however secondary offence carries a heavier sentence of up to a full year in jail and/or a $1000 fine.
3rd Conviction – A person’s third domestic assault conviction is when charges are bumped from a misdemeanor to a full-blown felony. A felony domestic assault charge carries a much harsher sentence of up to two full years in prison and/or a $2500 fine.
Aggravated Domestic Assault (MCL 750.81a)
In order to be charged with aggravated domestic assault, a victim must have received serious or “aggravated” injuries requiring medical attention. Criminal punishments include:
1st Conviction – Though serious, a first time aggravated domestic assault is considered a misdemeanor, carrying the same weight as a standard second conviction domestic assault charge – up to one full year in jail and/or a $1000 fine.
2nd Conviction – Any subsequent aggravated domestic assault charges are immediately considered felonies, punishable by up to two years in prison and/or a $2500 fine.
To avoid the harshest possible sentence for your accused crime, you need the fiercest domestic violence attorneys to fight for you. Thankfully, at Fraiberg & Pernie, PLLC, our team is comprised of some of the most diversely talented and understanding attorneys around. One of our attorneys in particular, Eric Pernie, boasts an extraordinary insight into all severities of domestic violence cases thanks to his more than 10 years of experience in the field as a former police officer. In fact, our attorneys have effectively resolved thousands of cases over the years, which affords us the privilege of being overwhelmingly confident in our own capabilities to successfully defend you. Get in touch with our remarkable domestic violence attorneys at Fraiberg & Pernie, PLLC today to learn more about setting up a flexible payment plan to help ensure our superior legal services are affordable for you!