Michigan State Police define domestic violence as “a pattern of learned behavior in which one person uses physical, sexual, and emotional abuse to control another person.” Michigan law states that a person has a domestic relationship with someone if any of the following apply:
- They are your spouse or former spouse.
- You are dating the person or were in a former dating relationship with them.
- You have a child in common together.
- They are a resident or a former resident of the same household.
These are all said to be “domestic” relationships and anyone who engages in any of the following types of behavior risk being charged with domestic violence.
- Push, shove, or kick
- Slap or bite
- Hit or punch
- Locking someone out of their home
- Denying help when a person whom you have a domestic relationship with is ill, injured, or pregnant.
- Applying physical force that prohibits someone from leaving.
- Forcing someone to have sex or watch sexual acts.
- Forcing to perform sexual acts or have sexual acts performed on you.
- Forced to dress more sexually than you wish.
- Forcing someone to have sex after physical assault, when they are ill or as a condition of the relationship.
You can view the other types of behavior that would be classified as domestic violence by visiting the Michigan State Police website.
What are the penalties for a domestic violence charge in Michigan?
In the state of Michigan, domestic violence is considered to be a form of assault or an assault and battery. When domestic assault is committed, that person would be faced with the following criminal penalties:
- 1st conviction- Misdemeanor charge which is punishable by up to 93 days in jail and/or a $500 fine.
- 2nd conviction- Misdemeanor charge which is punishable by up to one year in jail and/or $1,000 fine.
- 3rd conviction- A felony charge which is punishable by up to two years in prison and/or $2,000 fine.
When a person is charged with aggravated domestic assault in Lansing, MI or any other city within the state, they are going to be faced with the following penalties:
- 1st conviction- Misdemeanor charge that is punishable by up to one year in jail and/or $1,000 fine.
- 2nd conviction- A felony charge which is punishable by up to two years in prison and/or $2,500 fine.
[Source: Kalamazoo County Government].
If you have been charged with domestic violence in Lansing, East Lansing, DeWitt, Grand Ledge, Charlotte, St. Johns, or Okemos, it is important that you discuss your case with an experienced criminal defense attorney. Stuart R. Shafer has helped people who have been charged and wrongfully convicted fight their charges for over 40 years and is prepared to help you too.
While there are plenty of domestic violence cases that involve a person engaging in illegal behavior, there are other cases that arise because an argument got out of hand with your partner or spouse. Regardless of what brought on your domestic violence charge, it is crucial that you have a criminal defense lawyer in Lansing review the matter to determine if your charge can potentially be dropped or even reduced so that your penalties aren’t quite as severe as they would be if you were to be convicted of domestic violence.
You can reach the Law Offices of Stuart R. Shafer, P.C. at:
1223 Turner Street, Suite 333
Lansing, Michigan 48906