Michigan Domestic Violence Defense Attorney Explains How to Distinguish
a Domestic Violence Misdemeanor From a Felony . .
As a Michigan Domestic Violence Lawyer, I get this question quite often. It should be noted that a Michigan Domestic Violence charge is also commonly called a Domestic Assault charge, as well as a DV charge - they all refer to the same Michigan Assault crime contained in MCL 750.81(2). Without a doubt, the best way to distinguish a Domestic Violence Misdemeanor from a Domestic Violence Felony (carrying Prison time) is to consult an experienced Michigan Domestic Violence Attorney. In the mean-time, read-on for a simple test to tell whether you're charged with a Domestic Violence Misdemeanor. . .
- If, at your Arraignment, the Magistrate or Judge told you that the offense was punishable by up to 93 days in Jail and/or a fine of up to $500.00, you're facing a Domestic Violence Misdemeanor.
- If, at your Arraignment, the Magistrate or Judge told you that the offense was punishable by up to 1 year in Jail and/or a fine of up to $1,000.00, you're facing a Domestic Violence Misdemeanor (either Domestic Violence 2nd Offense or Aggravated Domestic Violence).
- If you've never been arrested for or faced a Domestic Violence charge before, you're facing a Domestic Violence Misdemeanor.
- If you were previously convicted of Domestic Violence or an Assault on a spouse, girlfriend/boyfriend, or housemate 1 time in the past (whether or not you got a deferral under MCL 769.4a), you're facing a Domestic Violence Misdemeanor (Domestic Violence, Second Offense).
- If you were previously convicted of Domestic Violence or an Assault on a spouse, girlfriend/boyfriend, or house mate 2 or more times in the past (whether or not you got a deferral under MCL 769.4a), you're probably NOT facing a Domestic Violence Misdemeanor, but rather a Domestic Violence Third Offense Felony and now facing up to 5 years in Prison.
- If you allegedly caused a "serious or aggravated injury" in this incident and were previously convicted of Domestic Violence or an Assault on a spouse, girlfriend/boyfriend, or house mate 1 or more times in the past (whether or not you got a deferral under MCL 769.4a), you're probably NOT facing a Domestic Violence Misdemeanor, but rather a Domestic Violence Third Offense Felony (see abv.).
Facing a Michigan Domestic Violence Misdemeanor or Felony charge is one of the most difficult situations a person can face. At The Law Office of Brian J. Prain, PLLC, we understand that. The bottom-line is, at some point you're going to have to get experienced advice that is specific to your case. Why wait? It only makes defending against your Michigan Domestic Violence Misdemeanor more expensive, more difficult, and less-likely to be favorable. Call your Michigan Domestic Violence Lawyer, The Law Office of Brian J. Prain, PLLC anytime at (248) 731-4543 for a free consultation or fill out our Contact Us for discreet e-mail advice. We'll put your mind at ease.