Domestic Violence Defense
Have you ever felt like you were simply in the wrong place at the wrong time? Unfortunately, being charged with domestic violence is a reality that many people face. A domestic violence conviction can carry serious consequences, including jail time, probation, counseling requirements, fines, court costs, and a permanent criminal record.
The consequences can be even more severe if you have prior assaultive convictions. Previous offenses may be used to enhance a new charge, turning what would otherwise be a misdemeanor into a felony offense carrying the possibility of years in prison.
If you have been charged with domestic violence, call criminal defense lawyer Aaron J. Boria today at (734) 453-7806for a free consultation.
Traits of a Great Domestic Violence Lawyer
The Law Office of Aaron J. Boria understands how to fight unjust allegations and provide the aggressive defense that clients deserve. While domestic violence charges can have life-changing consequences, many cases involve weak evidence, credibility issues, self-defense claims, or false accusations.
Aaron J. Boria has extensive experience defending individuals accused of domestic violence and understands the strategies necessary to challenge the prosecution’s case.
Contact domestic violence lawyer Aaron J. Boria today to discuss the charges you are facing and the defenses that may be available.
Defending Against Domestic Violence Charges
In many domestic violence cases, the prosecution lacks physical evidence or independent witnesses. Frequently, the case comes down to conflicting statements between two people.
To obtain a conviction, the prosecution must prove every element of the offense beyond a reasonable doubt. The jury must be convinced that the alleged assault occurred and that the accused committed the offense.
In some cases, allegations are exaggerated, inaccurate, or completely false. Emotions often run high during domestic disputes, and accusations can arise during divorces, custody disputes, breakups, or other stressful situations.
Additionally, law enforcement officers are often required to make quick decisions when responding to domestic calls. As a result, one party may be arrested before a complete investigation has been conducted. Even in cases involving self-defense, it is not uncommon for the person defending themselves to be charged rather than the initial aggressor.
An experienced defense attorney can investigate the facts, challenge unreliable evidence, cross-examine witnesses, and present your side of the story.
Penalties for Domestic Violence in Michigan
A first-offense domestic violence conviction is generally a misdemeanor punishable by:
- Up to 93 days in jail
- Fines of up to $500, plus court costs
- Up to 2 years of probation
- Mandatory counseling, anger management, or substance abuse treatment
- Community service
- A permanent criminal record
A second domestic violence conviction is punishable by:
- Up to 1 year in jail
- Increased fines and court costs
- Lengthy probation and counseling requirements
A third domestic violence offense is a felony punishable by:
- Up to 5 years in prison
- Significant fines
- Lengthy probation
- A felony criminal record
Because domestic violence is considered an assaultive offense, a conviction can affect employment opportunities, professional licenses, firearm rights, and future criminal cases.
Michigan’s Domestic Violence Deferral Program – MCL 769.4a
For many first-time offenders, Michigan law provides an opportunity to avoid a public conviction through MCL 769.4a.
Under this statute, an individual who pleads guilty to certain domestic violence offenses may be eligible for a sealed record. If granted by the court, the defendant is placed on probation and must successfully complete all conditions imposed by the judge.
If probation is completed successfully:
- No judgment of conviction is entered.
- The case is dismissed.
- The individual avoids a public domestic violence conviction.
- Future employers and others searching public court records may not see a conviction.
However, if probation is violated, the court may enter a conviction and impose additional penalties.
Eligibility for a 769.4a disposition is limited, and not every defendant will qualify. An experienced domestic violence lawyer can help determine whether this option may be available in your case.
Why Hire Domestic Violence Lawyer Aaron J. Boria?
Domestic violence allegations can be difficult to fight without experienced legal representation. Aaron J. Boria understands the serious consequences that accompany these charges and works tirelessly to protect his clients’ freedom, reputation, and future.
Whether you are seeking a dismissal, acquittal, reduction in charges, or eligibility for a 769.4a deferral, having the right attorney can make all the difference.
Call domestic violence lawyer Aaron J. Boria today at (734) 453-7806 for a free consultation. Don’t face a domestic violence charge alone. Let an experienced Michigan criminal defense lawyer fight for you.