Washtenaw County Domestic Violence Lawyer - Joseph A. Simon
Washtenaw County Domestic Violence Defense Lawyer Joseph A. Simon. Over 35 Years Local Experience.
Domestic Violence Defense Attorney Joe Simon Named a Top Ten Criminal Defense Attorney in Michigan by Leading Lawyers Magazine in Peer-Review Poll. 5-Stars.
Domestic Violence Charges Require Experienced, Established, and Capable Defense. We Defend These Charges:
- Domestic Violence
- Aggravated Domestic Violence
- Domestic Felonious Assault
- Interference With a Telecommunications Device
- Domestic Assault and Battery
- Domestic Assault by Strangulation
- Domestic Assault with Intent To Commit Great Bodily Harm
- Domestic Assault with Intent to Murder
Domestic Violence is an assault that is alleged to have occurred between persons who have a domestic relationship. This charge is pursued vigorously by prosecutors, often despite the wishes of a complaining witness. Domestic Violence charges can range from misdemeanor to felony charges, each carrying not only substantive penalties, but also possible collateral consequences affecting rights to own or possess firearms and the ability of non-citizens to remain in the United States.
Domestic Violence cases follow a different adjudication process than other crimes, often involving mandatory arrest and no-drop policies. In some states like Michigan, victims may have limited ability to drop or not pursue the charges, while in others they may have complete control.
Additionally, Domestic Violence cases often involve input from advocates assigned to alleged victims for safety concerns. It is important to understand your legal rights if you are charged with Domestic Violence, the consequences, and possible defenses.
The consequences for a conviction on a charge of Domestic Violence can be severe. These include one jail time, fines, court costs, probationary periods, and possible loss of parental rights. All convictions require a defendant to participate in substantial counseling designed specifically for domestic batterers.
On top of this, there can be civil remedies like restraining orders, limited parental rights, and other consequences such as the potential loss of employment or professional licenses. Finally, if a non-citizen is charged with Domestic Violence, they may face deportation.
It is crucial to understand your rights in these cases and have an experienced attorney on your side who can guide you through the legal process. If you have been accused of Domestic Violence, it is important to seek out representation right immediately to best protect yourself against any possible penalty or consequence.
Those charged with Domestic Violence in Michigan quickly realize how differently these cases are treated by the criminal justice system. Mandatory arrests, swift and severe bond conditions such as preventing a return to your home or having contact with your significant other or children, are common.
Michigan Domestic Violence Charges
Domestic assault and aggravated domestic assault are both serious misdemeanor charges in the state of Michigan. Domestic assault is a misdemeanor offense that involves intentionally causing an individual to feel threatened, frightened, or in danger, either through physical contact or an intimidating gesture. It can also involve attempting to cause harm to another person by threatening words or actions, even without making physical contact with them. If contact is made, that is a battery and is an alternate way of committing Domestic Violence.
Aggravated domestic assault is a misdemeanor with more serious penalties and involves an assault resulting in a serious injury. The main difference between these two charges is the resultant serious injury. Domestic assault is considered a less serious crime, but both charges are vigorously pursued by prosecutors and treated seriously by courts.
Felony Domestic Assault Charges
In Michigan, Domestic Violence charges increase in severity on the “ladder” of assault charges by added elements such as the use of a weapon or their intent in doing an act. These include Assault With a Dangerous Weapon (Felonious Assault), Assault With Intent to Commit Great Bodily Harm and Assault by Strangulation. If you are facing felony Domestic Violence charges, it is important to seek experienced and established legal counsel to ensure that your rights are protected throughout the legal process. Understanding the severity of each charge is essential in determining how to approach and defend such charges.
Domestic Violence FAQs
My partner wants to drop the charges. Do I even need a lawyer?
Most prosecuting agencies maintain a "go forward" policy in DV cases, meaning they will pursue and continue prosecution despite any stated desire by a complaining witness to "drop charges." The moving party in a DV case is the People of the State of Michigan, not the alleged victim. Only the prosecutor, therefore, has authority to dismiss its case. The go forward policy is rooted in the belief that most true victims of domestic assaults will be inclined to protect their batterers and, therefore, require additional guidance and protection.
Many police officers, prosecutors, judges, and others view Domestic Violence as a stepping-stone to homicide. An experienced and capable lawyer's intervention is crucial in defending these cases and withstanding the resources of the government.
While it can be tempting to take your significant other’s words at face value and accept that when they say they intend to “drop” domestic violence charges, it is important to understand they don’t have the authority to do such things. Experienced and local counsel can guide you to position yourself in the best way possible to create a similar result.
Regardless of whether someone desires to “drop” domestic violence charges or not, having experienced legal counsel is vital to protect you and to make sure that the process is conducted in a fair and ethical manner while, at the same time, positioning you for the possibility of a dismissal. An accomplished and ethical attorney can help you navigate the complexities of the legal system, evaluate all your options, and hopefully reach a satisfactory outcome.
Ultimately, it is important to remember that any decision regarding domestic violence charges should not be taken lightly––doing so could have major long-term consequences/
I've been charged with Domestic Violence but I was defending myself. Can I press charges too?
The short answer is "no." Prosecutors won't typically charge both sides of a dispute and once a charging decision has been rendered, it's extremely unlikely to be reversed. But that doesn't mean that conduct can't be used to defend your case.
A person is privileged to use reasonable physical force to defend themselves from harm. Moreover, an initial aggressor may not have been truthful to the police at the time their statement was rendered and that could lead to defenses and other legal privileges.
When asserting self-defense, it's important to understand that the law is not black and white. Even if one person may have been the initial aggressor, that does not necessarily mean they should be automatically charged for their actions – in some cases, both parties can be found responsible for their behavior. While promising to prosecute someone who initiated an altercation may be unlikely, this doesn't mean the whole incident can't be used as evidence.
Ultimately, all relevant information will be considered before a judgment - including whether reasonable physical force was used to defend oneself from harm. If a person acts in lawful self-defense, that are not guilty of any crime.
It's important to remember that each case is unique and must be evaluated on its own merits. While it's unlikely that both parties in an altercation will be charged with a crime, it is possible for someone who initiated a conflict to have their conduct considered when determining the outcome of legal proceedings. Understanding the nuances of self-defense can be the key to a successful defense.
Ethically, lawyers cannot and should not make claims about themselves such as being “the best.” Lawyers cannot make claims that can’t be factually substantiated. Instead, lawyers should stand on their experience, ratings, reviews, reputation, and results. The best practices for Domestic Violence defense include intimate knowledge of the local courts and participants; a thorough confidential client interview; obtaining all case discovery including in-car and body-cam police video, audio dispatch recordings, 9-1-1 audio recordings, interviewing any witnesses, preparing a client for the courtroom, and the ability to present a case in court in pretrial motion hearings and trial.
In over 35 years of criminal defense practice, Joseph A. Simon has successfully defended hundreds of people charged with Domestic Violence, aggressively and ethically, obtaining victories before and at trial.
Contact our firm at 734-887-6200 to see why so many people in Washtenaw, Wayne, Lenawee, and Jackson counties have chosen Ann Arbor criminal defense attorney Joseph A. Simon to be their Domestic Violence defense attorney and protect their freedom and reputation.
How Long Will My Michigan Domestic Violence Case Take?
The timeline of a Michigan Domestic Violence case can vary depending on several factors, such as the severity of the charge, number and availability of witnesses and whether there are any extenuating circumstances. A case could take anywhere from a few months to over a year to be resolved.
If felony charges are filed with the court, you can expect a probable cause conference followed by a preliminary examination soon after. During this examination, a judge will decide whether there is enough evidence to continue the case toward trial. If such a determination is made, the case will be “bound over” to the Circuit Court for future proceedings. The length of time between this examination and any ensuing trial or disposition may range from a month to six months or more.
Ultimately, the timeline of a Michigan Domestic Violence case is unpredictable due to many variables. However, it can generally be said that some type of resolution will likely be reached within six months from the time charges were filed with the court.
No matter the length of time it takes, victims of domestic violence should be aware that they have rights and resources available to them throughout the entire process. With an experienced legal team on your side, you can ensure that all available resources and strategies are utilized to reach a successful outcome. If you need assistance, do not hesitate to contact us at 734-887-6200.
How Much Will My Michigan Domestic Violence Criminal Defense Case Cost Me?
The cost of a Michigan Domestic Violence Criminal Defense case can vary greatly depending on the complexity and severity of the charges, as well as the lawyer you choose. Some attorneys charge more than others based on their experience, ability, and standing in a community.
Ultimately, there is no one-size-fits-all answer when it comes to calculating the cost of defending a Michigan Domestic Violence case. Different factors such as complexity and severity of charges, experience and ability of attorney and added expenses can all significantly impact the total cost.
It’s important to take these factors into account when selecting an attorney so that you get the best possible service at a reasonable price. You should also ask any potential lawyers about their estimated costs as well as any other potential fees that may apply to your case. With the right attorney and a comprehensive understanding of all associated costs, you can ensure your best chance for success in your Michigan Domestic Violence case.
What Role Can a Michigan Criminal Defense Attorney Play In My Case?
A Michigan Criminal Defense attorney can provide vital assistance when a person is facing Domestic Violence criminal charges. The attorney will be able to assess the case and determine the best possible defense strategy for the client. A capable attorney will present legal arguments in court for bond and in motion or trial practice. The attorney will obtain and review the evidence, cross-examine prosecution witnesses in some cases, and negotiate with prosecutors on behalf of their clients in others.
When it comes to Domestic Violence cases, attorneys must understand applicable laws and statutes to effectively represent their clients. This includes knowledge of Michigan’s Domestic Violence peculiar laws as well as other federal and state laws related to collateral matters. Additionally, the attorney should understand the nuances of the case and tailor a specific defense strategy.
Attorneys also offer guidance and support during what can be an incredibly stressful time for their clients. They must remain sensitive to the complex emotions involved in Domestic Violence cases, while at the same time providing objective and sound advice tailored to their client's best interests.
Finally, a good Michigan Criminal Defense attorney will work diligently on behalf of their client to help them reach as favorable an outcome as possible in the case. This means providing all appropriate legal services including gathering evidence, interviewing witnesses, filing motions, arguing before judges or juries if necessary, and negotiating with prosecutors to secure a negotiated resolution, where appropriate. Ultimately a skilled attorney will be able to provide the best possible defense for their client and work towards a successful outcome.
Hiring an experienced Michigan Criminal Defense attorney should provide individuals facing Domestic Violence charges confidence that they have a strong ally on their side.
