Domestic Violence Lawyer – Domestic Violence Defense
The holidays are not just the season of giving; it is also the season of domestic violence charges. As a criminal defense lawyer, I see more people charged with domestic violence this time of year than any other time.
If you are facing domestic violence charges call domestic violence lawyer, Aaron J. Boria at (734) 453-7806.
To date, Domestic Violence Lawyer Aaron J. Boria has won every single domestic violence trial he has taken. Even in cases where our client’s guilt was apparent the majority of them were given non-public sealed records and did not do a day of jail.
Domestic Violence Defense
Why the increase in domestic violence charges this time of year? Frankly, I am not completely sure, but I would venture to guess that it has something to do with families getting together and drinking more so than normal.
I also think it could have something to do with an increase in divorces being filed around the holidays.
Anyone can be charged with domestic violence in Michigan. All it takes is for one party to make a mere allegation against another that they were touched in an offensive matter. Yes that’s correct, domestic violence can be charged by someone simply claiming that another person shoved or push them, it does not require that a person have a bruise or even a scratch.
It is not uncommon to see someone charged with domestic violence after a family member or roommate made an allegation in order to gain ground in a dispute or in order to punish the other person by sticking them with a criminal charge.
Many times people will make domestic violence allegations in the middle of a divorce to gain leverage in their divorce settlement or to gain child visitation over the other parent.
Police are quick to charge someone when domestic violence has been alleged. Often someone is charged with out the police hearing both sides of the story. Usually it is the man who is charged in a situation involving husband and wife, but not always.
As an experienced domestic violence defense lawyer we know how important it is to get the entire story. Many times someone made up the entire incident and once we can prove it the prosecutor will dismiss it, and in other cases the jury will acquit because they see the truth.
Domestic Violence Charges
While it is easy to be charged with domestic violence it is not always easy for the prosecution to prove your guilt. The prosecutor is the attorney that represents the please and the local government – the prosecution is against you. The prosecution must prove that you are guilty of domestic violence beyond a reasonable doubt; you do not have to do anything.
Every crime is broken into elements. The prosecuting attorney must prove each element beyond a reasonable doubt. If even one element is not proven beyond a reasonable doubt then you are not guilty.
First, that you assaulted or battered another person.
A battery is defined as an offensive touching of a person or something closely connected with them. The touching must have been intended by you. (The touching cannot be on accident)
An assault is an attempt to commit a battery or an act that would cause a reasonable person to fear an immediate battery.
At the time of the alleged assault, you must have had the ability to commit a battery, or must have appeared to have the ability, or at the least, thought you had the ability.
Second, that at the time the person accusing you of the assault or battery:
(a) was your spouse
(b) was your former spouse
(c) had a child in common with the accuser
(d) was a resident or former resident of the same household as you
(e) was a person with whom the you had a dating relationship with.
The legal definition of a dating relationship means: frequent, intimate association primarily characterized by the expectation of affection. It does not include a casual relationship or an ordinary fraternization between two individuals in a business or social context.
Domestic Violence is a Serious Criminal Offense
A first offense domestic violence conviction can result in 93 days in jail and major fines and costs. It can also include two years or probation, anger management, counseling, drug and alcohol testing.
A Domestic violence conviction also results in a ban on your ability to possess a firearm, and a personal protection order requiring that you stay away from your accuser.
If you are a non-citizen a domestic violence conviction could result in immigration consequences including deportation.
A second offense domestic violence is punishable by up to a year in jail and even larger fines and costs.
Felony domestic violence can be charged for a person with two prior domestic violence offenses and is punishable by years in prison.
Domestic Violence Lawyer
We do not take every single case on. While we would like to help every person that wants to hire our office we cannot. We take a limited number of cases in order to provide our client with the utmost care.
For a free domestic violence consultation and to see if we are taking on additional cases call Aaron J. Boria at (734) 453-7806 or email us at borialaw@gmail.com.
We fight for our clients and we get results that other attorneys simply cannot.
