Criminal Lawyer for Domestic Violence: Defense Attorney

This article is provided by Barone Defense Firm (BDF), a Michigan law firm with one of the State's largest criminal law legal teams. This web page answers common questions like (a) what type of lawyer handles domestic violence, (b) which firms have lawyers near me free consultation options, and (c) are there competent free lawyers for those without funds to retain private legal counsel for attorney advice?

Under Michigan laws, domestic violence (DV) charges are taken very seriously, and often carry serious, far-reaching criminal law consequences. Thus, obtaining a highly trained domestic abuse lawyer near me is critically import to a great outcome in such case fact reviews with a domestic abuse attorney.

To begin, the legal profession has two practice areas for which domestic violence lawyers near me may be found: (1) criminal defense lawyers who can be your domestic abuse attorney and (2) family law attorneys who handle family law and divorce cases.

First, we'll answer the last of the three questions initially posed above. Because those arrested for domestic violence criminal charges, that person is accused of a crime that would involve potential jail time or probation. Since 1963, in the Gideon v. Wainwright, 372 U.S. 335 (1963) case, the United States Supreme Court ruled that the Sixth Amendment guarantees a free attorney for your legal counsel, but only if you qualify as being indigent.

All states have either a Legal Aid office or public defender or utilize a rotating list of appointed lawyers that are paid by the State. These Michigan pro bono legal services providers will likely have better quality, experienced legal service professionals who would know far more about these DV cases than an attorney fresh out of law school.

To the Question (b) shown above, for those who need to hire private legal representation, you need to find a lawyer Free consultations near me are not universally offered. However, our legal professionals do provide an initial, no-cost interview with a Barone family violence lawyer near me by phone call, by virtual meeting or in person at one of our office locations.

Not all law offices have both of those categories, but Barone Defense Firm has free consultation lawyers near me who are criminal defense domestic violence attorneys, since we handle no divorce or civil litigation cases. So, if you are accused of any domestic violence accusation, remain silent until you have spoken with a domestic abuse lawyer at our domestic violence law firm.

This admonition to not talk to police is very important. If allowed to use a cell phone, remember that your call is being recorded, which the police can do. Nothing about the case facts needs to be mentioned to anyone while in a police vehicle.

Even a misdemeanor first offense domestic violence Michigan accusation can affect your guns rights, so don’t talk with others, since it is imperative that you confidentially communicate only to a domestic violence attorney Michigan.

For example, a “victim” can use domestic violence misdemeanor allegations in a police report to obtain a restraining order that causes the accused person to lose his or her Second Amendment gun rights. Domestic assault charges in 2023 and beyond can sometimes result in harsher penalties than would be applicable for similar conduct in other situations.

The Johnny Depp civil litigation trial in 2022 (allegations by Amber Heard of family violence by Depp were watched on streaming TV worldwide) focused international attention on a legal issue that Michigan courts have dealt with for many decades. Despite never having made a criminal complaint with police, Depp's ex-wife tried to use that allegation to recover a very large monetary award, but she failed.

Mr. Depp wisely sought out a female lawyer skilled in criminal defense to be his DV lawyer to defend that civil case for money damages. While a family violence attorney near me from a divorce firm is knowledgeable about asserting cases for a person who is the reported "victim" a completely different skillset is needed for criminal defense.

The following seven (7) questions for a domestic abuse lawyer are asked from callers to our legal office, by those facing felony or misdemeanor domestic violence cases:

1. Is domestic violence a felony in Michigan? Most cases are not, but even some first offense family assault and battery cases can be felony crimes. So, remember that you can speak with a domestic violence defense attorney near me at no charge, in your initial consultation with our Firm’s DV attorneys.
2. Can domestic violence charges be dropped? A family violence charge in each state is controlled by state statutes. Once any domestic violence police report is filed, prosecutors have been trained to not dismiss even a first-time misdemeanor domestic violence charge Michigan case.
3. Do misdemeanor domestic violence Michigan charges cause me to lose my right to possess a gun? Under a 1994 federal law, once a TPO (temporary protective order) or TRO (temporary restraining order) is issued by a Judge, your gun rights are impacted by such crimes.
4. Can domestic violence charges be dropped by the alleged victim? No. That is something the prosecutor will only do if she or he has fully investigated the case and finds no basis for the original charge.
5. For a first-time domestic violence charge Michigan, is jail time possible? Yes, for these cases, a judge can order up to 93 days in jail, in the State of Michigan. If a second offense, then up to a year in jail for a simple assault or battery, under Michigan Penal Code Section 750.81a.
6. When is domestic violence a felony in Michigan? A third conviction is a felony domestic violence Michigan case. State prison time is likely on most domestic violence 3rd offense Michigan cases, but only if convicted.
7. What about if I’m facing a domestic violence strangulation charge Michigan? Aggravated domestic assault can result in years in prison. Under Section 750.84 of the Michigan Penal Code, this felony is "punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both."

To be considered domestic violence though the allegations must be made by someone with whom you have lived or to whom you’ve been married or otherwise have had an intimate relationship. While it’s good that women’s allegations are taken more seriously than in the past, this greater scrutiny can sometimes result in individuals who are not guilty of any legitimate crime find themselves ensnared by the new laws created under federal mandates.

Michigan’s criminal laws covering these matters have specific and serious penalties for engaging in what is abusive conduct within the context of an intimate relationship. This rule applies even if the two individuals were never married. When you speak with a Michigan domestic violence attorney nearby, these "broad" rules can be explained better.

In today’s environment, impassioned testimony by alleged victims can be very persuasive to judges, juries, and the police, even when such testimony is not entirely truthful. Where serious or aggravated injuries requiring medical attention are documented or caught on police body cameras, an accused citizen can be looking at the possibility of rapidly escalating penalties.

This page demonstrates why contacting a Michigan domestic violence lawyer immediately is imperative. If any minor physical altercation, battery, or assault resulting in physical wounds or bruising occurs, you may find yourself facing immediate arrest. So, contacting legal counsel as soon as you learn that domestic violence charges have been brought against you is wise.

Under MPC 764.15a, a peace officer may arrest an individual for violating (in several different ways) "whether the peace officer has a warrant or whether the violation was committed in his or her presence" so long as the peace officer "has or receives positive information that another peace officer has" a sufficient basis for believing the event happened. This rule applies whether:

• (a) The violation occurred or is occurring, and
• (b) The individual has had a child in common with the victim, resides or has resided in the same household as the victim, has or has had a dating relationship with the victim, or is a spouse or former spouse of the victim. As used in this subdivision, "dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.

Patrick Barone, domestic violence lawyer Michigan, leads a team of domestic violence advocates who work from multiple office locations to cover the entire Great Lakes State. The Michigan domestic violence defense attorneys at the Barone Defense Firm are available to answer your questions.

They understand how difficult domestic relationships can sometimes be and that no relationship is perfect. As human beings we all make mistakes, especially when emotions are running high.

They also know how to defend domestic violence cases, uphold your rights, and help you present the strongest possible defense case in court. Contact us today at our easy to remember toll-free number, 1-877-ALL-MICH or 877-255-6424, for your free lawyer consultation.