What happens when you are charged with domestic violence in Shelby Township, Michigan?
The Macomb County District Attorney vigorously prosecutes these types of offenses, and the possible penalties can be harsh and life-altering. To protect your freedom, your future, and your family, you need a legal expert who specializes in cases just like yours.
Whether this is your first offense or you have prior domestic assault convictions, Blank Law, PC, is here for you. As the top domestic violence defense lawyers in Michigan, we can help you win your case and get your life back.
To answer your questions, here is everything you need to know about fighting domestic violence charges.
For a FREE INITIAL CONSULTATION, contact Blank Law today.
What is Domestic Violence?
Under Michigan Law, domestic violence is defined as a criminal act where the alleged perpetrator has a past or current personal relationship with the alleged victim. This includes:
- Spouse or domestic partner
- Two individuals who have a child or children together
- Dating or intimate relationship
- Individuals who lived in the same household
The legal definition of a “dating relationship” is “an expectation of affectional involvement.” In other words, domestic violence laws in Michigan do not apply to acquaintances or casual relationships from other social or business settings.
A top Shelby Township, Michigan, domestic violence criminal defense lawyer uses these important legal distinctions to fight any improper charges filed against you.
To discuss your situation and your options, reach out today for a FREE CASE EVALUATION.
Examples of Domestic Violence
Per the Domestic Violence and Treatment Act, it is illegal to:
- Cause or attempt to cause mental or physical harm to any of the above people
- Coerce or attempt to coerce them into involuntary sexual activity through the use or threat of force or any other form of duress
- Cause them to be in fear of mental or physical harm
- Behave in a way that would cause a reasonable outsider to feel harassed, molested, threatened, frightened, intimidated, or terrorized
One important point to keep in mind is that actions do NOT have to be physical in nature to be considered unlawful. You can be arrested and charged with domestic violence in Shelby Township, even if you have never physically touched or injured the other person.
This is when you need Blank Law in your corner. The first consultation is FREE.
What are the Penalties for Domestic Violence?
Domestic can be filed as a misdemeanor or a felony, depending on:
- The specific crime – Assault, arson, stalking, unlawful sexual conduct, etc.
- Any injuries suffered by the victim
- Use of a weapon
- Prior convictions
As an example, a simple assault progresses to a domestic assault if the parties have or had a personal relationship. In this case, the Macomb County DA has the sole authority to prosecute, even if the victim does not not cooperate or want to press charges.
Domestic assault or assault and battery is a misdemeanor crime, punishable by up to 93 days in jail and/or a fine of up to $500.
If you have any prior domestic violence convictions, however, the penalties get much worse:
- One prior (Misdemeanor) – Up to 1 year in prison and/or up to $1000 fine
- Two or more priors (Felony) – Up to 5 years in prison and/or up to $5000 fine
Of special relevance, the enhanced penalties are enforced even if the prior conviction does not involve the same victim.
If the victim is injured and requires medical attention, it is classified a misdemeanor, with penalties of up to 1 year in prison and/or a $1000 fine.
However, any prior conviction means an automatic felony charge, punishable by up to 5 years in prison and/or up to $5000 fine.
Under certain circumstances, the penalties may be much more severe:
- Use of a weapon
- Strangulation or suffocation
- Provable intent to maim or do great bodily harm
These are felony domestic violence crimes that are punishable by a 10-year prison sentence.
With so much on the line, you need experienced and expert domestic violence criminal defense attorneys.
You need Blank Law.
The Best Domestic Violence Law Firm in Shelby Township, Michigan
Founding attorney Nicole Blank Becker has worked for both sides of the law for over 20 years, serving as both an Assistant Prosecutor for Macomb County and as private defense counsel. Nicole was eventually made Chief of the Sex Crimes and Child Abuse Crimes Units.
Defense Attorney Christopher Coyle has extensive experience that is just as impressive, working as a Wayne County Assistant Prosecutor for more than 30 years. He even served as Deputy Chief of the Special Victims Unit.
Those skills should be working for you. Contact Blank Law, PC TODAY for a free consultation.
Where Are Shelby Township Domestic Violence Cases Tried?
The 41A District Court in Shelby Township serves Shelby Township, Macomb Township, and the City of Utica.
52420 Van Dyke Avenue
Shelby Township, MI 48316
40 N. Main
Mount Clemons, MI 48043
Shelby Township Domestic Violence Judges
41A District Court
There is one judge presiding over the 41A District Court in Shelby Township.
16th Judicial Circuit Court Domestic Violence Judges
Honorable James M. Biernat, Jr. (Chief Judge)
Honorable Matthew S. Switalski (Chief Judge Pro Tempore)
Honorable Richard L. Caretti (Presiding Judge, Civil/Criminal Division)
Macomb County Prosecuting Attorney
One South Main
Mount Clemons, WI 48043
Macomb County Domestic Violence Unit
41A District Court and 16th Circuit Court Parking
The 41A District Court in Shelby Township has ample parking on the east and south sides of the building.
Parking for the 16th Circuit Court in Mount Clemons is on the northwest side of the building.
Lunch options unique to Shelby Township include:
49860 Van Dyke Avenue
48900 Van Dyke Avenue
8160 23 Mile Road
8194 23 Mile Road
53 N. Walnut Street
60 Cherry Street
75 Macomb Place