Domestic violence charges can turn your world upside down. One moment, life is moving along, and the next, you’re facing accusations that carry serious consequences. These charges aren’t just about the law; they affect your relationships, your job, your peace of mind, and your future.
If you’re being accused of domestic violence, you might feel overwhelmed, angry, scared, or all of the above. That’s completely understandable. These situations are complicated and deeply personal, and it’s important that your side of the story is heard.
At Michigan Defense Law, our Oakland County domestic violence lawyers take the time to understand what really happened and help you determine the right steps forward. If you need experienced legal assistance, we’re here to talk strategy and stand up for your rights in court. Contact us today at (248) 451-2200 to build an effective defense against domestic violence accusations.
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Interviewer: What are the different degrees of domestic violence, starting with the more minor ones?
Paul Tafelski: Here in Michigan and in Wayne, Oakland, Macomb County, we don’t really have different degrees of domestic violence. What we have is if you have a first offense, a second offense, and a third offense; the third offense becomes a felony. It’s basically the same crime. It doesn’t matter if it’s a minor case or a real serious case, but the maximum time in jail gets longer for each prior offense that you have and the more the likelihood of being put in jail and put in jail for a significant amount of time increases with each offense as well.
What happens that does constitute more serious crimes, though, is when the elements change. As I described before, normal domestic violence is basically an assault and battery. An assault is just legally defined as placing someone in imminent fear of a battery. A battery is defined as a harmful or offensive touching. If you look at those elements and you satisfy them, and then you have a domestic relationship, then you have a domestic violence charge.
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The way it becomes more serious is if you had that same crime but let’s say you add a weapon. It could be any kind of weapon. It could be a gun. It could be a stick. It could be a piece of wood, a chair, a vase, an object from your house, anything. But now you hit somebody with that or you threaten to hit them with that, or you point a gun at them, then it becomes a felonious assault, which is a five-year felony that is much more serious than a domestic violence charge.
One step above that is the crime of assault with intent to do great bodily harm, less than murder. That is when you actually use a weapon and you cause an injury. From the facts of the case, it appears that you were trying to inflict great bodily harm on someone without killing them. That becomes an even more serious felony.
Every time, you’re basically looking at all these things as being different degrees of a fight. Every time the fight escalates to the next level, the charge usually kind of escalates to the next level with it. That’s pretty much a general explanation of how these types of crimes work.
Interviewer: What would be some examples of intent to do great bodily harm less than murder?
Paul Tafelski: Let’s say, for example, you had a knife and you point it at somebody and you’re arguing with them. You actually stab them, and you stab them in the shoulder. Then you stopped and ran away. You didn’t try to stab them again and again. In that case, they could say you’ve got a knife and you actually stabbed somebody with it. You didn’t stab them in the heart and you didn’t try to keep stabbing them to kill them. There’d be an example where they’re saying you didn’t demonstrate the intent to kill, but you certainly tried to inflict serious harm on them. That’d be an example of that crime.
Oakland County Domestic Violence Lawyers
Paul J. Tafelski
Paul J. Tafelski brings over two decades of legal experience in Michigan, with a solid reputation in criminal defense and domestic violence cases. A graduate of Michigan State University and the Detroit College of Law, he has been recognized multiple times as one of Michigan’s top criminal defense attorneys by SuperLawyers and Leading Lawyers. He is a member of numerous esteemed legal associations and is admitted to practice in all state and federal courts across Michigan.
His legal approach focuses on strategic defense, strong client advocacy, and compassionate understanding of his clients’ situations. Paul’s proven track record in achieving favorable outcomes, from dropped charges to acquittals, has helped many clients maintain their freedom and move forward with dignity. His dedication and courtroom skills make him a standout ally for anyone facing domestic violence charges in Oakland County.
David Goukassian
David Goukassian has built his career on a strong foundation of prosecutorial experience and a passion for justice. He graduated Magna Cum Laude from Western Michigan University Thomas M. Cooley Law School and began his legal path as an intern assistant prosecutor in Genesee County. This firsthand experience provides him with valuable insight into how prosecutors handle domestic violence cases.
Since joining Michigan Defense Law in 2019, David has successfully represented clients facing serious criminal charges throughout Michigan. Fluent in Armenian and conversational in Russian, David is a strong advocate who brings cultural sensitivity, courtroom tenacity, and detailed legal knowledge to every domestic violence case he handles.
Trespassing as an Act of Domestic Violence
Interviewer: Would there be any cases where trespassing is considered domestic violence?
Paul Tafelski: In order for there to the domestic violence, basically the difference between assault and battery and domestic violence is that domestic violence is an assault or a battery involving someone with whom you had a domestic relationship in the past. That domestic relationship could be ongoing or it could have been previous. For example, it can be your current girlfriend or your former girlfriend. It could be your current wife or your ex-wife. It could be your 15-year-old child or your adult child who doesn’t live there anymore. Those are all domestic relationships. Then you combine the crime of assault and battery to that, and they have a domestic violence case.
Just trespassing would not necessarily be considered domestic violence. If you add to it that you trespassed and then made a threat to someone that they believed was real concerning inflicting physical violence or harm to them, then that could constitute domestic violence. Typically, around here, when there’s domestic violence, we see some element of physical touching or a real threat of physical touching, like raising your fist and having the person run away or something like that.
What Is Considered Domestic Violence?
Domestic violence is a serious issue that encompasses various forms of abuse among individuals in a domestic setting. It is broadly defined to include multiple harmful behaviors that one family or household member inflicts on another. These actions are not acts of self-defense; rather, they are used to manipulate, control, or instill fear.
- Physical or Mental Harm: This includes any act that causes or attempts to cause physical injury or psychological harm to another person in the household. It can be as overt as hitting or as subtle as constant verbal abuse.
- Inducing Fear: It involves actions that place a family or household member in fear of imminent harm, whether through threats, stalking, or other forms of intimidation.
- Forced Sexual Activity: This constitutes any behavior that coerces or attempts to coerce an individual into unwanted sexual activity through force, threats of force, or duress.
- Intimidation and Harassment: Acts that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested also fall into the category of domestic violence. These can include stalking, cyber harassment, or any form of repeated unwanted interaction that creates a hostile environment for the victim.
Understanding the nuances of domestic violence allegations is crucial for anyone accused of such offenses. A skilled Oakland County domestic violence lawyer from Michigan Defense Law can provide invaluable support by guiding you through the legal system, protecting your rights, and developing a strong defense strategy. Contact us today to schedule a consultation.
Understanding Domestic Violence Charges: Misdemeanor or Felony in Michigan?
In Michigan, understanding the severity of domestic violence charges requires knowledge of the distinction between misdemeanor and felony classifications. Domestic violence encompasses acts of domestic assault and aggravated domestic assault against individuals with whom the perpetrator shares a close relationship, such as a spouse, a partner, or a cohabitant.
Domestic assault charges in Michigan do not depend on the physical injury of the victim. A first-time offender faces a misdemeanor with potential penalties including up to 93 days in jail and/or a fine up to $500. A second offense is also a misdemeanor but carries harsher penalties, with up to one year in jail and/or a fine of up to $1,000. However, a third domestic assault conviction is a felony, punishable by up to five years in prison and/or a fine of up to $2,500.
Felony charges can be imposed under certain conditions, even on a first or second offense, if the assault involves a weapon, intent to do great bodily harm, or strangulation. Moreover, sentences can encompass probation, mandatory counseling, or community service, with the exact penalties varying based on the case details.
Aggravated domestic assault, which is characterized by serious injury requiring immediate medical attention, can result in a misdemeanor for the first offense. However, a second charge is automatically a felony, with the potential for up to five years in prison.
It’s critical for those charged to understand that the nature of their relationship with the victim and their previous record can significantly impact the level of charges. Even if an alleged victim decides not to proceed with the complaint, Michigan law permits prosecutors to continue with charges.
However, the state does provide a plea bargain option for first-time offenders (MCL § 769.4a), which can prevent a criminal record if the probation period is completed without incident.
Legal representation is crucial for anyone facing these charges, as the complexity of Michigan’s domestic violence laws and the potential for life-altering consequences demand a thorough defense strategy.
| Domestic Violence Charges in Michigan | Penalties for First Offense | Penalties for Second Offense |
|---|---|---|
| Domestic Assault (Misdemeanor) | Up to 93 days in jail and/or a fine up to $500 | Up to one year in jail and/or a fine up to $1,000 |
| Aggravated Domestic Assault (Misdemeanor for the first offense) | Potential penalties for first offense | Felony for the second offense, potential for up to five years in prison |
Legal Defenses for a Domestic Violence Charge in Michigan
In Michigan, someone facing a domestic violence charge may raise several defenses, depending on the facts of the case. These defenses aim to show that the accused either did not commit the offense or had a lawful reason for their actions.
One of the most common defenses is self-defense or defense of others. If someone uses reasonable force to protect themselves or another person from immediate harm, it may be a valid defense.
Another approach is the lack of sufficient evidence. The prosecution must prove every element of the charge beyond a reasonable doubt. If there are gaps in the evidence, such as no medical reports, inconsistent witness statements, or absence of physical proof, the case may not hold.
False accusations are also common in domestic violence cases. Sometimes, a person may make claims out of anger, jealousy, or a desire for revenge. If there are inconsistencies in their story or motives to fabricate the allegation, this can form the basis of a strong defense.
In some cases, the incident may have been an accident, not an intentional act of violence. Showing that the harm was unintentional can lead to a dismissal or reduction of charges.
Lastly, showing that the accused was not the person who committed the act, through an alibi or surveillance footage, can result in a dismissal. Witnesses who saw the event or can account for the accused’s location at the time can also play a key role.
Each case is different, and a successful defense depends on a careful review of the facts, evidence, and legal procedures. A skilled Oakland County domestic violence lawyer can help identify the most effective defense strategy for the situation.
Getting the Legal Help of a Skilled Oakland County Domestic Violence Lawyer From Michigan Defense Law
The gravity of domestic violence offenses in Michigan underscores the necessity for a robust legal strategy and the support of experienced defense attorneys. Whether it is a misdemeanor charge that could lead to probation and counseling or a felony charge with the potential for substantial prison time, the right legal help can greatly affect the outcome of a case. Working through Michigan’s legal system with a seasoned defense attorney can help ensure that individuals’ rights are protected while moving toward a fair and just resolution.
At Michigan Defense Law, our team of Oakland County domestic violence lawyers plays a pivotal role in not only defending the accused but also in advocating for changes that promote justice and rehabilitation. With the right defense, individuals are better equipped to handle the allegations against them and rebuild their lives with dignity and respect. Contact us today at (248) 451-2200 to schedule a consultation.
