Michigan Domestic Violence 2nd Offense - What are My Rights?

undefinedMichigan Domestic Violence 2nd Offense - Your Rights are Considered by a Number of People!

What are your RIGHTS if you are charged with a MICHIGAN DOMESTIC VIOLENCE 2nd OFFENSE?

If you are charged with a Michigan Domestic Violence 2nd Offense crime under MCL 750.81(c), your rights are carefully considered by a number of people. There are a number of rules and regulations regarding your rights, some of which will be in your favor, while others, unfortunately, will not!

When thinking about your rights as the accused, understand this:

Whether a Michigan Domestic Violence 1st offense, or a Michigan Domestic Violence 2nd Offense, Domestic Violence can most times be considered a crime without witnesses. Oftentimes the only witnesses to an alleged offense are the people involved, and false reporting of this crime is of epidemic proportion in Michigan. However, even without another witness, or any kind of physical evidence, your rights can be compromised, because the accusers word ALONE is evidence. It may be a lie, and all the available evidence may contradict it, but the victims word alone is enough for a charge AND conviction if the jury believes it beyond a reasonable doubt.

So, where are your domestic violence rights? In this scenario they can only be found in your defense strategy. The words of your accuser can set a litany of repercussions into motion that will effect your life - particularly if this is a Michigan Domestic Violence 2nd Offense! At this point the stakes can get much higher!

  • Instead of up to 93 days in jail (as in a 1st offense scenario) you are now looking down the barrel of up to 1 year in jail;
  • Instead of up to $500.00 in fines and fees, you are facing up to $1000.00 in fines and fees;
  • If you received and successfully executed a 769.4a for your 1st offense, it automatically becomes a conviction and part of your permanent record if you are convicted of a 2nd offense
  • Family Law Judges can take a hard stance and can often take away a father's rights to visit or see his children, based on these charges and/or conviction

Even if the complainant doesn't follow through or admits the allegations were untrue, the prosecutors can be relentless and refuse to acknowledge (as is the norm) the possibility of a fabricated allegation. That said, early access to evidence in this case is absolutely key to preserving your eligibility for things like reduced charges, agreements to no jail-time, and even acquittal.

You, likely, will have no access to your accuser, however... your ATTORNEY is able to establish contact with, and interview the alleged victim, strategically as early as possible, and often can diminish any further FALSE allegations from surfacing (as commonly happens) causing more damage and life altering conditions.

Prain Law, PLLC is an established law firm who concentrates its legal expertise in Assaultive Criminal Law. Let us fight for your rights, for you! Where Michigan Domestic Violence 2nd Offense is concerned, we know Michigan Law, its Courtrooms, its Judges, its Prosecutors and their tendencies where Domestic Violence in concerned.

Pick up the phone and call for a free consultation. (248) 731-4543

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