Michigan Domestic Violence Attorney
Lansing Domestic Violence Attorney
In our American system of criminal justice, you are presumed innocent of all crimes until proven guilty beyond a reasonable doubt by a prosecuting official. If you or your loved one is accused or charged with a criminal offense, do NOT, under any circumstances, talk to the police. Reveal only your name, date of birth, address, and telephone number to the police, and do NOT consent to a police search of your body, home, telephone, computer, or vehicle without a search warrant. If you are facing questioning from a police officer or prosecuting official, contact Lansing criminal defense attorney Eric J. Sheppard immediately at 517-618-1580, and let Eric J. Sheppard fight for your rights.
If you or your loved one is accused or charged with a domestic violence offense, then you need to contact Lansing domestic violence attorney Eric J. Sheppard. Lansing criminal defense attorney Eric J. Sheppard is aggressive and experienced in fighting all domestic violence cases. Domestic violence cases reach all areas of society, regardless of race, ethnicity, gender, age, or economic status. Police officers are often called to the scene of domestic disputes, and police officers are often met with contradictory stories of what may or may not have occurred between individuals involved in a domestic relationship. It is vitally important that you do not make any incriminating statements to police officers. Contact Lansing criminal defense attorney Eric J. Sheppard immediately at 517-618-1580 if you find yourself involved in a domestic dispute and the police are called to the scene.
Domestic violence cases are serious cases. The possible penalties for a domestic violence conviction can include jail time, fines, costs, probation, and rehabilitative classes. You could face a no contact order with the victim of the domestic violence, eviction from your primary residence, and intervention from Child Protective Services, where applicable. You could also face a civil personal protection order issued against you, where applicable. You need experienced and aggressive Lansing criminal defense attorney Eric J. Sheppard to handle your case and reduce the potential impact of being charged and/or convicted of domestic violence. The Law Office of Eric J. Sheppard has won multiple dismissals of domestic violence cases, as well as additional positive resolutions keeping criminal convictions off clients’ records in domestic violence cases.
INFORMATION REGARDING DOMESTIC VIOLENCE:
Domestic violence is a special form of the crime commonly known as “assault and battery.”
“Battery”- the willful touching of the person of another by an aggressor or by some substance put in motion by an aggressor; a “battery” is the consummation of the assault. People v Bryant, 264 NW2d 13; 80 Mich App 428 (1978).
“Assault” - any intentional, unlawful offer of corporal injury to another by force, or force unlawfully directed to person of another under such circumstances as to create a well-founded fear of imminent peril, coupled with apparent present ability to effectuate the attempt if not prevented. People v Bryant, 264 NW2d 13; 80 Mich App 428 (1978). People v Carlson, 125 NW 361; 160 Mich 426, 136 Am.St Rep 447 (1910).
Simple “assault” is either an attempt to commit a battery or an unlawful act that places another in reasonable apprehension of receiving an immediate battery. People v Terry, 553 NW2d 23; 217 Mich App 660 (1996).
You do not have to actually touch someone in order to commit an assault. So long as the person retains a reasonable apprehension of an imminent harmful or offensive bodily contact, you may be convicted of an assault upon that person.
The prosecuting official must prove intent. The prosecuting official must prove an intent to injure or an intent to put the victim in reasonable apprehension of receiving an immediate battery. People v Johnson, 407 Mich 196; 284 NW2d 718 (1979). The intent must be an intent to carry out the purpose which prompted the assault. Because intent is an element of an assault and battery, a reckless or criminally negligent act will not support a conviction of battery.
Domestic Violence – MCL 750.81
An individual is guilty of domestic violence if the individual is found guilty of assault or assault and battery against his or her:
(1) spouse or former spouse,
(2) an individual with whom he or she has or has had a dating relationship,
(3) an individual with whom he or she has had a child in common, or
(4) a resident or former resident of his or her household
NOTE: “dating relationship” means 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.
One of the four special relationships listed under Michigan’s domestic violence statute must be present in order for an individual to be found guilty of domestic violence.
PUNISHMENT FOR DOMESTIC VIOLENCE:
- First conviction: punishable by imprisonment for up to 93 days and/or a fine of $500.00
- Second conviction: punishable by imprisonment for not more than 1 year and/or a fine of $1,000.00
- Third/subsequent conviction: punishable by imprisonment for not more than 2 years and/or a fine of $2,500.00
NOTE: the information provided applies to individuals charged with crimes under State law
DEFENSES:
- Self-defense
- Consent
- Lack of intent
- Voluntary intoxication for specific intent crimes
The Law Office of Eric J. Sheppard
2109 Hamilton Road, Suite 206
Okemos MI 48864
[email protected]
PH: 517-618-1580 (office)
PH: 216-973-9996 (cell)
Fax: 517-913-6321
2109 Hamilton Road, Suite 206
Okemos MI 48864
[email protected]
PH: 517-618-1580 (office)
PH: 216-973-9996 (cell)
Fax: 517-913-6321