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.Michigan Domestic Violence 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 contextDomestic 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.Felonious Assault
A person who assaults another person with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon without intending to commit murder or to inflict great bodily harm less than murder is guilty of a felony punishable by imprisonment for not more than four (4) years or a fine of not more than $2,000.00, or both.Assault With Intent to do Great Bodily Harm
Any person who shall assault another with intent to do great bodily harm, less than the crime of murder, shall be guilty of a felony punishable by imprisonment in the state prison not more than 10 years, or by fine of not more than 5,000 dollars. Great Bodily Harm is defined as an intent to do serious injury of an aggravated nature. The difference between Aggravated Assault and Assault with Intent to do Great Bodily Harm is an actual intent to cause serious injury is present in the case of Great Bodily Harm and is not present in an Aggravated AssaultAssault With Intent to Murder
Any person who shall assault another with intent to commit the crime of murder, shall be guilty of a felony, punishable by imprisonment in the state prison for life or any number of years. The difference between Assault with Intent to Murder and Assault with Intent to do Great Bodily Harm the intent to cause serious injury is present in the case of Great Bodily Harm and an actual intent to cause death is required for Assault with Intent to Murder. Assault with intent to murder is a lessor offense of Attempted MurderMichigan Domestic Violence Defenses Self-Defense
Self-Defense is available as a defense if the assault that you committed was done to protect yourself against an assault or an assaul and battery of another. This defense is unavailable if you are the initial aggressor of the assault and battery. To be entitled to the defense of self-defense to a simple assault charged the individual must have acted out of an honest and resaonable belief that the use of force was necessary to prevent an imminent battery. As it relates to aggravated charges To be entitled to the defense of self-defense, an individual must have acted out of an honest and reasonable belief that the use of deadly force was necessary to prevent his imminent death or imminent great bodily harm. People v Riddle, 467 Mich 116, 142 n 30; 649 NW2d 30 (2002). A defendant acts in self-defense when he honestly and reasonably believes that his life is in imminent danger or that there is a threat of serious bodily harm. People v Heflin, 434 Mich 482, 502; 456 NW2d 10 (1990). The use of deadly force in self-defense is justified if 1) the defendant honestly and reasonably believed that he was in danger, 2) the danger which the defendant feared was serious bodily harm or death, and 3) the action taken by the defendant appeared at the time to be immediately necessary, i.e., the defendant is only entitled to use the amount of force necessary to defend himself. MCL 780.972; MCL 780.961; Heflin, 434 Mich at 502. Once evidence of self-defense is introduced, the prosecutor bears the burden of disproving it beyond a reasonable doubt. People v Fortson, 202 Mich App 13, 20; 507 NW2d 763 (1993). A prosecutor may meet this burden by presenting sufficient evidence for a reasonable trier of fact to conclude, beyond a reasonable doubt, that the defendant?s belief of imminent danger was either not honest or was unreasonable.Imperfect Self-Defense
Imperfect self-defense is a qualified defense that can mitigate second-degree murder to voluntary manslaughter. Where imperfect self-defense is applicable, it serves as a method of negating the element of malice in a murder charge. The doctrine applies only where the defendant would have been entitled to self-defense had he not been the initial aggressor.Defense of Others
To be entitled to the defense of Defense of Others, an individual must have acted out of an honest and objectively reasonable belief that the use of force was necessary to prevent an imminent battery of another. The action must have objectively appeared to be immediately necessary to those claiming this defense. Further, the action taken by the person using this defense is only entitled to use the amount of force necessary to defend the other person.