Domestic Violence Outline - Michigan Criminal Defense Lawyer - Josh Jones - ALL FELONIES & MISDEMEANORS

Outlining Michigan's Domestic Violence Statute

Assaultive crimes vary substantially here in the State of Michigan, meaning there are multiple classes or categories of assaultive crimes. The basic definition of an assaultive crime begins with an assault. An assault is simply the unlawful and intentional threat of bodily harm to another attached with the ability to carry out the act. Moreover, the victim needs to recognize the threat of his or her “attacker.” The more common assaultive crime attaches to it another element or piece to the definition of assault, which is known as battery.  Battery is a willful and intentional contact (or actual contact made) with the victim, which is made against the victim’s freewill.  Therefore, an assault is an attempted assault and battery (or battery).

Within the umbrella that is assaultive crimes lies the crime known as domestic violence of assault against a person in a dating relationship with the defendant.

The term domestic violence, as mentioned above, falls under the statutory definition of a “dating relationship.” If the individual committing an assault or assault and battery on his or her 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 the same household then he or she is in a “dating relationship.” See MCL § 750.81a(3).

If convicted an individual faces a 1-year misdemeanor and/or $1,000.00 fine. Those convicted of one or more assaults will face a 2-year felony with a possible $2,500.00 fine.  Any subsequent conviction that is counted for a domestic violence defendant will include other assaultive crimes. It is imperative, if not essential, to contact a criminal defense attorney when an individual faces a prior conviction or multiple prior convictions involving domestic violence and/or other assaultive crimes. 

There is also a diversion program for first-time offenders convicted of or who plea guilty to a domestic violence charge. This individual can receive an automatic expungement of the charge upon successful completion of probation and its terms. Moreover, in order to qualify for the diversion program the individual must not have been convicted of a prior assaultive crime.

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