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If you’re reading this case either you or someone close has been charged with domestic assault. This is an overview of the law and your options in a domestic assault case.
What is an Assault and Battery?
This is how I explain an assault and battery to people. A battery is when I punch someone. An Assault is when I threaten to punch someone and have the present ability to carry out the threat, or a tried to punch someone and missed.
What is the “domestic” in domestic assault?
A component of domestic assault is that the alleged offense was committed against a person the defendant
Spouse or former spouse
Child in common
Resident or former resident of household
Investigation of Case
The first step will be for your lawyer to begin an investigation and evaluation of the case before you go to Court. We obtain the police report from the prosecution or police and review the report with you. Relevant questions may be:
Were there witnesses?
Is the case simply a “he-said she-said case”?
What evidence supports the accuser’s claims?
When were the police called?
What reasons would the accuser have for not being truthful?
Personal Protection Order
Personal protection orders are common in domestic violence cases. A person protection order (PPO) is a civil order that is separate from the criminal domestic violence case. The PPO restrains a person from contacting or assaulting another person.
You are able to challenge a PPO. A challenge to the PPO may be essential where the criminal case will go to trial.
We can file what’s called a motion to terminate the PPO. There will be a mini-trial similar to the criminal trial taking place later. This will give us valuable insights for the criminal trial.
A component of many domestic assault cases is a no-contact order. A no-contact order means you may not contact the person who has accused you of the assault while the case is pending and following a conviction. The no-contact order is similar to a PPO.
How Will The Case Be Resolved?
There are two ways to resolve a criminal case. The choice of resolution is up to the client.
The case may be resolved through a plea or plea bargain. This is where a person admits guilt in exchange for some sort of benefit in return.
For domestic assault cases, one options is to negotiate a plea where the case will be dismissed upon successful completion of probation. This is under MCL 769.4a.
Such a deal is not a guarantee in all cases, as every court is different. In some courts, obtaining such a deal is difficult to negotiate. In other courts, such a deal could be very common.
Taking the case to trial is the second way a case can be resolved. You have the absolute to trial.
Issues in trial
Did an assault or battery actually take place?
Was the person’s actions intentional?
Did the person act in self-defense?
Was the accuser acting wrongly or unfairly?
Each trial involves a unique story line. Every couple is different. The story must be communicated to the jury.
Trial by Jury or Judge?
A trial can be with a jury or the judge making the final call on the verdict.
Generally, lawyers want jury trials. Having a jury of your peers listen to your story is the bedrock constitutional protection in our system.
There may be reasons to schedule a trial by judge, however. The decision should not be made lightly. Once you’ve decided to have a trial by judge you waive your right to trial by jury.
Two examples of why one might want a trial by judge and not jury.
The expectation is the accuser will not show up for trial. The case will likely by dismissed if the accuser refuses to cooperate with the prosecution.
A judge may be better suited to set aside the emotions of the case to look at just the facts. A judge might be less persuaded by emotions in some cases, whereas a jury may not be able to look past the emotion.
Each case is different. We will evaluate the case for potential challenges and make the right decision for you.
End of the Case
A win at trial or dismissal of the case means you walk away. A conviction at trial or guilty plea will mean the case will proceed to sentencing. At sentencing, the judge will determine the consequences. Possible sentences:
Both jail and probation
Anger management or domestic violence educational courses
Fines and costs
At sentencing, you and your attorney may address the judge and make a statement.
We have represented clients in many domestic assault cases, taking cases to trial and negotiating pleas. We have experience representing clients on domestic assault charges in courts throughout metro Detroit and southeastern Michigan.
Contact Us at 734.883.9584
Call Sam Bernstein at 734.883.9584 or at email@example.com.
ArborYpsi Law is located at 4158 Washtenaw Ave., Ann Arbor, MI 48108.