Ann Arbor Criminal Defense Lawyer

Criminal Defense

Michigan prosecutors must establish crimes beyond a reasonable doubt. Every element of the crime must be established at this high standard. Each crime requires proof of different elements. In some cases, it is possible to defend against criminal charges by raising a reasonable doubt about one or more elements of the crime. If the evidence is weak, a criminal defense attorney in Ann Arbor may be able to persuade the prosecutor to reduce or even drop the charges. Consequences of a conviction may include incarceration, probation, fines, alcohol counseling, the loss of a driver’s license, employment difficulties, denial of rental housing, and a permanent criminal record.

DUI

Prosecutors take drunk driving in Michigan seriously. It is unlawful to drive while intoxicated or impaired by alcohol, an intoxicating substance, or a controlled substance. It is also illegal to drive with a blood alcohol concentration of 0.08 or higher. Harsher penalties are imposed if your blood alcohol concentration was discovered to be 0.17 or more. Courts are supposed to decide DUI cases within 77 days of arrest. Depending on the circumstances, if you are convicted, you may face mandatory jail time and driver’s license revocation. A third DUI is charged as a felony.

Drug Crimes

Drug crimes may be charged as felonies or misdemeanors. They are divided into five schedules of controlled substances. The drugs with the greatest potential for abuse, such as heroin, are listed in Schedule I. On the other end of the spectrum, Schedule V drugs are those with the lowest risk of abuse, such as cough syrup with codeine. The schedules are used to decide which penalties should be imposed for illegal possession or sale of drugs. Ann Arbor criminal defense attorney Sam Bernstein has fought many drug charges, sometimes by using procedural defenses based on violations of constitutional rights.

Domestic Violence

Domestic violence is a type of assault and battery that occurs when the victim and the perpetrator have a close relationship as specified by statute. Under Section 750.81, you can be convicted of misdemeanor domestic violence if you assault or batter your spouse or ex-spouse, someone whom you are dating or have dated, someone with whom you have a child in common, or a former or current resident of your household. If you are convicted of a first offense misdemeanor, you can be sentenced to imprisonment for up to 93 days and a fine of up to $500. For a third offense felony, on the other hand, you can face a maximum of five years’ imprisonment and fines of up to $5,000. The sentence will be harsher if you have two or more prior convictions.

General Assault and Battery

You can be charged with assault if you attempt to injure another person or make threats of action that you appear to be able to execute and thereby cause another person to fear imminent violence. Assault and battery without weapons are misdemeanors that can be punished with imprisonment for up to 93 days and a $500 fine. You may be charged with a felony if you intend to cause great bodily harm or injury or a dangerous weapon is involved. Felony charges may also be brought if assault and battery occur while you are intending to commit another felony, or when the victim falls into certain specified categories. You should promptly contact a criminal defense lawyer in Ann Arbor if you are facing any type of assault and battery charge.

Sex Crimes

There are many kinds of sex crimes, each of which carries its own penalties. These include four degrees of criminal sexual conduct, child pornography, and penetration. First-degree criminal sexual conduct is the most serious degree of criminal sexual conduct. The prosecutor will charge this crime if there was sexual penetration under certain circumstances, such as the use of a weapon or a perpetrator in a position of authority over a victim. If you are convicted of a sex crime, you will likely spend time in jail. When released, you will need to register as a sex offender.

Theft Crimes

Theft crimes include larceny, carjacking, automobile theft, and robbery. The severity of the penalties depends on the value of the services or goods that you took and whether you have prior theft convictions. Misdemeanor petty theft may be charged when goods or services are worth less than $200. Second-degree theft may be charged when goods or services are worth $200-$1,000.

Gun Crimes

Our Ann Arbor criminal defense lawyer also can help fight charges involving firearms. It is unlawful to carry a hidden firearm unless you have an appropriate license. It is also unlawful to have a firearm in your possession while committing a felony, to possess a firearm while intoxicated, to carry a firearm in certain spaces such as schools, or to possess a firearm if you were previously convicted, unless you meet certain exceptions. Consequences for a gun crime conviction vary depending on the specific crime at issue. For example, if you are convicted for possessing a firearm while committing a felony, you face incarceration for two years. Other consequences may include the loss of a professional license, long-term restrictions on gun ownership, and immigration status changes.

Traffic Tickets

Traffic violations may be infractions, misdemeanors, or felonies. Traffic violations in Michigan include driving on a suspended license, speeding, reckless driving, leaving the scene of an accident, moving violation causing injury, and moving violation causing death. When you simply pay a traffic ticket, you admit guilt. Points will be placed on your license if you do not mount a successful defense. For instance, you can get six points for reckless driving, and you can get four points for drag racing. If you accumulate 12 points in two years, your license may be restricted, suspended, or revoked. You should contact a criminal defense attorney in Ann Arbor to investigate whether you may have grounds for fighting a traffic violation.

Consult a Knowledgeable Ann Arbor Attorney

Unlike some other criminal defense attorneys, Sam Bernstein has never been part of the system that is against you. He is—and always has been—on your side. He fights for the accused in Washtenaw, Wayne, Oakland, Monroe, Livingston, Lenawee, and Jackson Counties. Call him at (734) 883-9584, e-mail him at bernstein@arborypsilaw.com, or complete our online form.