Berkley Domestic Violence Defense Lawyer

In Berkley, Michigan, a domestic violence arrest can disrupt your entire life. If you are convicted, you could face severe penalties – prison time, steep fines, and lasting damage to your reputation and personal life.

The best way to clear your name is with the help of a top domestic violence criminal defense lawyer who specializes in cases just like yours. Having the right legal representation can mean the difference between dismissed charges, an acquittal, and a misdemeanor or felony criminal record that stays with you for the rest of your life.

If you have been charged with domestic violence in Berkley, Michigan, your most-trusted resource is Blank Law, PC. Reach out today for a free initial consultation.

Domestic Violence Legal Definition

Per Michigan law, “domestic violence” does not refer to a specific crime – it is the blanket term used to describe the circumstances surrounding certain unlawful actions and behaviors where the alleged perpetrator and victim have a preexisting or former domestic relationship:

Spouse/Ex-spouse
Intimate partner
Dating relationship
Anyone who has a child together
Live or have lived in the same household
In-laws
A minor child of any of the above

Incidents involving other social, business, or casual relationships are not considered examples of domestic violence. This important legal distinction makes a huge difference that an experienced Berkley domestic violence criminal defense attorney can use to your advantage.

Examples of Domestic Violence

Any attempts to intimidate, harm, track, or control someone who is/was a family or household member can be classified as domestic violence, including:

Physical assault
Sexual misconduct
Destruction of property
Stalking
Cyberbullying
Threats

This legal standard gives the Oakland County District Attorney complete discretion on whether or not to prosecute and even what criminal charges to file.

In Michigan, domestic violence is not considered a “private” crime, where the alleged victim decides whether or not to press charges. The Oakland County DA can choose to prosecute in a Berkley domestic assault case, even when the victim refuses to cooperate.

Penalties for Domestic Violence

Many different crimes can be prosecuted as domestic violence, so the penalties if convicted can vary widely. The criminal charge can be filed as a misdemeanor or a felony, depending on:

The specific act or behavior
If the victim was injured
The use of a weapon was involved
Your criminal history
If the domestic assault involved strangulation or suffocation

Domestic assault and/or battery is a misdemeanor, with a maximum penalty of 93 days in jail and a $500 fine.

If you have any prior domestic violence convictions, however, the penalties worsen considerably:

One prior (Misdemeanor) – Up to 1 year in prison and/or a fine of up to $1000
Two or more priors (Felony) – Up to 5 years in prison and/or a fine of up to $5000

The previous conviction does not have to involve the same victim to trigger enhanced penalties.

If the victim was injured and required medical attention, it is a misdemeanor domestic assault charge, punishable by up to 1 year in prison, a $1000 fine, or both.

In this case, a prior conviction triggers the enhanced penalties, resulting in a domestic violence felony, punishable by up to 5 years in prison, up to $5000 fine, or both.

The penalties could be even greater – if the victim was suffocated or suffocated, if there was provable intent to maim the victim or otherwise do great bodily harm, or if a weapon was involved. Each of these are domestic violence felony carrying a 10-year prison sentence.

With your freedom on the, you need the domestic violence criminal defense specialists at Blank Law in your corner. The first consultation is free, so reach out today.

The Best Domestic Violence Law Firm in Berkley, Michigan

Founder Nicole Blank Becker has argued domestic violence cases on both sides of the law for over 20 years, serving as both a Macomb County Assistant Prosecutor and now as private defense counsel. With Macomb County, Nicole was the Chief of the Sex Crimes and Child Abuse Crimes Units.

Christopher Coyle worked as an Assistant Prosecutor in Wayne County for more than 30 years, including serving as the Deputy Chief of the Special Victims Unit.

That is 50-plus years of relevant experience, expertise, and skill that should immediately be put to work for your domestic violence defense.

Contact Nicole or Chris TODAY for a free consultation.