Domestic Violence

Jacob A. Perrone has experience dealing with charges for Domestic Violence, Aggravated Domestic Violence, Felony Domestic Violence, Personal Protection Order Violations, and Home Invasion. Domestic Violence Cases are extremely fact intensive and often occur over the span of just minutes but a conviction for Domestic Violence can follow you for a lifetime. If you have a Domestic Violence conviction Federal Law makes it illegal to possess a firearm. Further, when you are applying for a job and a Domestic Violence conviction shows up on your record an employer may see you as a violent offender and not offer you a job. I have witnessed Domestic Violence charges brought because of revenge and to gain an advantage in family law cases. You must protect yourself against false allegations. Further, Self-Defense is an affirmative defense to a charge of Domestic Violence. If a trial is impractical based upon statements made or facts and circumstances, Michigan Law allows for dismissal of the charges after a period determined by the court.

Deferral and Dismissal

When an individual who has not been convicted previously of an assaultive crime pleads guilty to, or is found guilty of Domestic Violence the court, without entering a judgment of guilt and with the consent of the accused and of the prosecuting attorney in consultation with the victim, may defer further proceedings and place the accused on probation. A counseling program is mandatory if granted deferral. Upon fulfillment of the terms and conditions, the Court must discharge the person and dismiss the proceedings. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.

Charges

”Dating Relationship”

To establish a person is guilty of Domestic Violence the Prosecutor must prove that a “Dating Relationship” existed. That is the victim was a spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household. Dating Relationship is Defined as: 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

Domestic Violence 1st Offense

1st Offense Domestic Violence is a Misdemeanor punishable by up to ninety-three (93) days in jail and a fine of up to $500.00.

Aggravated Domestic Violence

Aggravated Domestic violence is a Misdemeanor punishable by up to one (1) year or a fine of not more than $1,000.00. Aggravated Domestic violence is an assault without a weapon that inflicts serious or aggravated injury without intending to commit great bodily harm.

Domestic Violence 2nd Offense

2nd Offense Domestic Violence is a Misdemeanor punishable by up to one (1) year in jail and a fine of up to $1,000.00. 2nd Offense results from having a previous Domestic Violence Conviction.

Domestic Violence 3rd Offense

3rd Offense Domestic Violence is a Felony punishable by up to two (2) years in prison and a fine of up to $2,500.00. 2nd Offense results from having a previous Domestic Violence Conviction.

Disclaimer

The information on this website is for general information purposes only. Nothing on this or associated pages or documents should be taken as legal advice for any case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute an attorney-client relationship.