MICHIGAN DOMESTIC VIOLENCE DEFENSE

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Michigan Domestic Violence Defense Attorney

Expert Domestic Violence defense representation by former police officer Christopher Brown over 25 years of experience.

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Domestic Violence Defense – Attorney Christopher Brown

There are consequences associated with a domestic violence conviction that can last a lifetime. Talk to a local criminal defense lawyer who may be able to find a way for you to avoid a conviction. Remember, being guilty does not always mean that you will be found guilty.

Why Choose Attorney Christopher Brown?

As a former police officer, Attorney Brown has personally investigated many domestic-violence cases. He knows how reports are built, what evidence officers look for, and where errors happen. He uses that insider knowledge to gain leverage in negotiations and to challenge weaknesses in the prosecution’s case—whether at the pretrial conference, probable cause conference, or trial.

Domestic Violence Court Sanctions and Collateral Consequences

Don’t resolve your domestic-violence case without an experienced local criminal defense lawyer who knows every possible option for misdemeanor or felony charges. There are several “landmines” that come with a domestic-violence criminal record.

Penalties (MCL 750.81):

• A person found guilty of domestic violence, or assault, can be sentenced to up to 93 days in jail and probation for up to 2 years.

• A second offense: up to 1 year in jail.

• A third offense: a felony punishable by up to 5 years in prison.

Typical probation conditions may include:

• Substantial fines and court costs

• Alcohol and drug testing

• No-contact with the alleged victim for the entire term of probation

• No use of alcohol while on probation

• Short- or long-term anger management

• Short- or long-term counseling

• Reporting to a probation officer

• Restricted travel rights

• Restitution to the alleged victim for any losses

Collateral consequences of a conviction can include:

• Loss of gun ownership and/or CPL rights

• Loss of certain professional licenses

• Inability to keep or obtain employment in health care

• Inability to work in other fields such as law enforcement or teaching

• Inability to coach sports involving minors

• Housing challenges (landlords may refuse to rent)

• Immigration consequences (deportation, denial of citizenship, or reentry)

The right lawyer matters. Protecting your constitutional rights and using proven strategies to seek a dismissal or reduction can save you from permanent personal and professional harm.

There are many ways to avoid a criminal conviction

• Self-defense or defense of others

• Physical contact necessary to escape from an irrational or assaultive person

• The alleged victim does not want to testify or appear for trial

• Mental-health factors impacting either party

• Alcohol or drug use by either party

• Recanting by the alleged victim

• Inconsistent statements in police reports

• Motives arising from a pending divorce or custody dispute

• Prior record of abuse may be admissible (for either party)

• Videos and recordings (911 call, police body cam), home surveillance

• Witness statements, text messages, and social-media posts

Any of the above can impact the disposition of a domestic-violence case, including the potential to avoid a conviction or obtain a not-guilty verdict. Attorney Brown’s police-investigator perspective helps surface these issues early.

Can the alleged victim dismiss the case?

There are obstacles to dismissal when a victim does not wish to testify, including office policies, subpoena/contempt powers, and allegations of witness intimidation. Success is possible, but it’s a fragile process requiring precision. Ultimately, the prosecutor decides whether to dismiss.

Prosecutor policy (examples):

• Using the sheriff to detain and transport an uncooperative witness

• Charging a witness with filing a false police report if the story changes

• Proceeding to trial without the victim if other reliable evidence exists

Subpoena to appear: A subpoena is a court order. Failure to obey can result in contempt of court and jail; the sheriff may detain and transport the witness.

Witness intimidation/tampering (MCL 750.122): Attempting to influence or intimidate a witness, or obstruct testimony, is a felony punishable by up to 4 years in prison.

Relevant factors when a witness does not wish to appear or testify:

• The witness voluntarily requests dismissal

• The witness states they will not appear at subsequent proceedings and is not under threats

• No egregious injuries

• The witness has communicated these intentions to the prosecutor and/or officer in charge and does not appear to be in danger

These principles also apply to other assaultive misdemeanors and felonies, such as aggravated assault, assault with a dangerous weapon, and assault by strangulation.

Interfering or Preventing a Crime Report

MCL 750.483a makes it a crime (up to 1 year in jail) to prevent or attempt to prevent—by physical force—another person from reporting a crime. This is often charged as a second count alongside domestic-violence allegations. Taking a phone from the alleged victim can be enough to trigger this charge.

Getting a Dismissal Pursuant to MCL 769.4a

Under MCL 769.4a, a person charged with domestic violence may be eligible for a dismissal. This option can apply where the person pleads guilty or is found guilty and has no prior assault-related convictions. The individual is placed on probation for 1 year with conditions; upon successful completion, the case is dismissed and the record is sealed. MCL 769.4a is an excellent option when the alleged victim will not agree to an outright dismissal and the case is not suitable for trial.

Put a Former Police Officer on Your Side

Let Attorney Christopher Brown help you regain your footing if you’re facing any misdemeanor or felony domestic-violence or assault charge. Leveraging years of law-enforcement training and investigative experience, Attorney Brown knows how these cases are built—and how to dismantle weak points to protect your future.

CALL for a Free Confidential Consultation: 248-468-1468

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