Michigan Domestic Violence Charges
Common Assault Crimes
Assault/Battery (M.C.L. § 750.81(1)) (Maximum penalty is 93 days in jail/$500 fine)
A battery is essentially unwanted physical touching. An assault is the threat of immediate battery (unwanted touching). A simple assault/battery is a common offense and covers a wide variety of disputes, from heated arguments with a threat of battery to bar fights to schoolyard fights. If medical attention is required or a weapon is involved, more serious charges — like aggravated assault, felonious assault, or assault with a dangerous weapon — may be levied.
Domestic Violence (M.C.L. § 750.81(2)) (1st offense: maximum penalty is 93 days in jail/$500 fine; 2d offense: maximum penalty 1 year/$1000 fine; 3rd offense is felony: 2 years/$2,500 fine)
A charge of domestic violence (DV) is an assault or battery that occurs with someone with whom you have a domestic or dating relationship, e.g., husband/wife, parent/child, girlfriend/boyfriend, a child in common, or roommate.
Unlike assault or battery, the law specifically allows a judge to give a “break” for first-time offenders under M.C.L. § 769.4a. If you are convicted of a DV, usually by plea (but possibly at trial), and the Court accepts your plea under § 769.4a, the judge may agree not to enter a conviction on your record if you successfully complete the terms of probation. This “break” is commonly referred to as a “DV deferral” because the entry of a conviction is deferred pending the outcome of a probationary period. Probation usually entails paying a supervision fee (the court cannot impose fines or costs because you have not been convicted of the offense, even though you pled guilty), successfully completing counseling, and avoiding any other legal trouble. If, however, you fail to complete probation successfully, the Court will enter a conviction on your record for the offense to which you pled guilty. A DV deferral is only an option if you have never before been found guilty of an assault or battery.
In addition, if you are convicted of a DV, you may be prohibited from possessing a firearm under federal or state law. You should consult with an attorney to ensure compliance with both federal and state law.
Common Defenses to Assault Charges
There are both factual and legal defenses to assaults. A factual defense is relatively simple — such as, “I didn’t do it,” “I did it, but it was an accident,” or “the prosecutor can’t prove I did it,” etc. A legal defense can be either a justification (an acceptable reason for the conduct) or an excuse.
A common example of justification is self-defense, i.e., assault or battery is established, but the law justifies your actions because of the necessity of self-defense. Several other justification defenses may be asserted depending on the facts and circumstances of your case — including the defense of others, defense of property, parental discipline, etc. The assertion of a good defense, even short of trial, may result in more favorable plea negotiations as well. However, there are important factual and legal considerations and limitations with these defenses that you must carefully consider with your attorney that are highly dependent on the facts of your particular case.
The law may also excuse your actions in certain circumstances. A common example is an “insanity” defense. Because criminal laws are traditionally based on the premise that people should only be held criminally accountable for their actions if they intended or intentionally committed the alleged act, the law may excuse an act if you can establish that you did not intend to commit the act, but rather committed it as a result of a mental illness or defect or, essentially, that you did not know what you were doing was wrong. However, this is a complicated area of the law because society does not want to excuse bad behavior or acts without good reason. This defense requires an experienced attorney and often the assistance of expert witnesses.
Civil Liability and Lawsuits
The law also allows the subject of an assault or battery to sue the person who assaulted or battered them. Such a lawsuit can be based on many different grounds or theories, but the bottom line is that the person is usually seeking compensation for the damages sustained as a result of the assault or battery, e.g., medical expenses, lost wages, pain, and suffering, emotional distress, etc. Because a civil lawsuit often follows on the heels of a criminal case, you may need an attorney to navigate you through the perils of a criminal case as well as to limit your exposure to a civil lawsuit. If you have been accused of any assault or battery, you should beware of the potential for civil liability and consult with an attorney.
Collateral Consequences
In addition to the direct criminal punishment imposed for being convicted of an assault (such as jail, probation, fines/costs, no contact provisions, registration requirements, counseling, etc.), many other collateral consequences may follow a conviction as well, such as:
You may be prohibited from possessing a firearm under state or federal law;
You may lose or not be granted a permit to carry a concealed weapon or loss of hunting privileges;
You may have to register as a Sex Offender and be prohibited from living near a school, depending on the nature of the offense;
You may be placed on the Child Protective Services (CPS) registry, or a CPS investigation might be initiated;
You may be denied a visa or permission to travel to a foreign country;
You may have immigration consequences if you are not a citizen;
You may be sued in a civil lawsuit; and
You may have to disclose the conviction to your employer or during a background check.
