Misdemeanor Offenses

- Domestic Violence (Domestic Assault)

  • For example, if you are on a date with someone you are considering dating again in the future, and you attempt to kiss them and they back away, you could lose your freedom for up to 93 days, be forced to pay $500.00 in fines alone, go on probation with classes where they tell you that you have psychological problems, and worst of all, a public record that includes the word VIOLENCE.  As always, the penalties are magnified if you have previous convictions.
  • One of the most common and dangerous misconceptions is that you can fix things with your accuser and that in exchange, the accuser can “drop” your domestic violence charge.  Make no mistake, only the prosecutor can dismiss your domestic violence charge, and as a general rule, they will not, regardless of whether the accuser has changed their mind.  Once the accusation is made, you need to defend, not reconcile.
  • In response to the immense national media fascination with “domestic violence,” the Michigan domestic violence law creates an easy incentive for your jaded spouse or bitter ex to try and manipulate your decisions and actions by accusing you of a crime which could cripple your future and even affect your ability to see your children.
  • Domestic violence charges carry a lot of social stigmatism, and many police departments and prosecutor’s offices have responded to this opportunity to convict you by public opinion by creating special domestic violence units.  Depending on your location, the prosecutor’s office may actually bring a “Special Attorney” into Court just to intimidate you.  Don’t allow society’s illusion about domestic violence charges become your reality.  The right domestic violence attorney understands these realities and is prepared to expose the issues and bring you the justice you deserve.

- Assault (Simple Assault)

  • The word “assault” is one of the most misunderstood and misused words.  Although the word “assault” conjures images of a brutal beating, the harsh reality is that the Michigan assault law is so broad that you could face up to 93 days in jail, a $500.00 file, probation, and a damaged future for something as simple and innocent as trying to give someone a kiss.
  • Under Michigan law, an assault conviction DOES NOT require that you actually touch anyone.  In fact, you could even be convicted of misdemeanor assault just because the other person mistakenly thought you were trying to touch them, even if you never actually intended to touch anyone at all.  Be mindful, the penalties are much more serious if you have previous convictions.
  • Don’t make the mistake of not calling The Law Office of Brian J. Prain, PLLC the moment that you are accused.  We can help guide your decisions in those first, critical moments after you become aware that you are facing an assault charge.  Then, we will be in a much stronger position when we go to Court to get the truth out.

- Assault and Battery

  • Under Michigan law, simple assault and battery is a misdemeanor offense that could get you locked up for up to 93 days, cost you $500.00 in fines alone, and have you reporting to a Probation Officer for months.
  • Many people are arrested and forced to defend against assault and battery charges because of a 5 second scuffle at the local bar.  Experience shows that both parties to the confrontation are usually charged with assault and battery, leaving innocent people to defend against criminal charges and the threat of losing their freedom.
  • What is more, the type of touching that constitutes a battery under Michigan law could be as innocent as a pat on the back.  The penalties are much more serious if you have previous convictions.
  • It is absolutely essential to get the right attorney fighting for you before your assault and battery charge is increased to an aggravated assault charge based on simple facts that you have no control over.
  • In the past, we have handled cases where the person we are fighting for had been let go by the police and told that no charges would be brought against them because it was uncertain who was the guilty party.  Other times, the police were never even called.  By the time these people became aware that they were, surprisingly, facing possible jail time, they had already made critical mistakes such as speaking to police – they had voluntarily created evidence that the government then tried to use to convict them.  Do not hesitate to call The Law Office of Brian J. Prain, PLLC.  Time is your strongest ally in vigorously defending against your assault and battery charge.

- Aggravated Assault

  • An assault that ultimately causes an injury could get you convicted of aggravated assault (also called “assault and infliction of serious injury”) and locked up for up to an entire year.
  • While Michigan law says that the injury must be a “serious or aggravated injury,” that is deceptive.  Michigan’s aggravated assault law is a very harsh law.  It is absolutely possible for the government to magnify your simple assault and battery charge into an aggravated assault charge just because the “victim” sought medical treatment.  The government does not even have to bring a doctor or nurse in to Court to prove that the medical treatment was actually necessary.  In other words, some arbitrary, non-educated, biased decisions made by the person who is accusing you can suddenly have you facing an entire year in jail, $1,000.00 in fines alone, probation, and a loss of quality of life due to a permanent record (much worse with a previous conviction).
  • Particularly if you are a man and the accuser is a woman, you had better believe that the Prosecutor will have a special “Victim’s Advocate” standing next to her and your accuser at nearly every Court hearing.  Let’s face it, the effect of this is to prejudice the Court into seeing you as a criminal before you even have a chance to defend yourself; presuming you guilty until proven innocent.