Getting arrested can be the low point in your life. Being convicted of even a misdemeanor charge of domestic violence could change everything.
You could serve time in jail, be barred from contacting the alleged victim, and have a criminal record that could make finding a job and a place to live difficult.
Facing domestic violence charges? Unhappy with your current attorney? Request a free consultation now.
Learn about the evidence typically used to prove domestic violence in Michigan.
The Legal Proof Required for Domestic Violence in Michigan
For all criminal charges in Michigan, the prosecution must prove its case beyond a reasonable doubt.
This standard doesn’t mean that the prosecution must prove its case to a certainty. However, it’s a high standard.
At the beginning of the case, the defendant is presumed innocent.
If, at the end of the case, the jury has any “doubt based on reason and common sense,” it must return a “not guilty” verdict.
Under Michigan domestic violence laws, prosecutors must present legal proof of these three elements:
1. Action
For domestic violence in Michigan, prosecutors must prove the defendant assaulted the alleged victim.
Although not explicitly stated in Michigan’s domestic assault statute, assault is any action intended to cause physical harm.
For example, throwing a cup at someone is assault even if the cup misses.
Moreover, the action is assault even if the cup strikes someone other than the intended target.
Thus, throwing a cup at your roommate and unintentionally striking your cousin could constitute two charges of assault.
The kinds of evidence a prosecutor might use to prove assault include:
- Witnesses: Testimony from people, including the alleged victim, who witnessed what happened.
- Photos: Pictures showing injuries or broken objects.
- Observations: A police report documenting what law enforcement saw and heard.
Some of the facts a domestic violence lawyer can use to disprove assault might include proving the defendant didn’t commit the action.
For example, if an alleged victim banged their own head against a wall to get the defendant into trouble, the defendant didn’t commit assault.
Likewise, if the alleged victim was drunk and believed the defendant attacked them when, in fact, the alleged victim tripped and fell, there is no assault.
Facing domestic violence charges? Unhappy with your current attorney? Request a free consultation now.
2. Intent
To be assault, there must be an intent to cause physical harm that accompanies the action.
If the defendant lacked intent, the prosecution cannot legally prove a domestic violence charge in Michigan.
For example, if the defendant accidentally slipped on an icy sidewalk and fell into the alleged victim, causing the alleged victim to fall and break their wrist, the defendant didn’t have the requisite intent to commit assault.
Likewise, a passenger injured in an auto accident while the defendant was driving isn’t the victim of an assault.
However, if the defendant deliberately swerved into traffic to cause a crash, the driver assaulted the passenger.
Intent can also determine the charges. If prosecutors have evidence showing assault with intent to murder or cause great bodily harm, they can charge a defendant with attempted murder or felony assault.
Intent is usually proven using:
- Circumstances: The events leading to the alleged assault.
- Statements: Statements by the defendant and the alleged victim before and during the alleged assault.
- History: Prior incidents between the defendant and the alleged victim can help infer intent.
3. Special Circumstances
The difference between ordinary assault and domestic violence is the existence of a relationship between the victim and the defendant.
Specifically, Michigan domestic violence laws require the defendant and alleged victim to be:
- Spouses or ex-spouses.
- In a dating relationship.
- Parents of a child.
- Current or former roommates.
If prosecutors cannot prove one of these relationships, it cannot prove domestic violence.
Another special circumstance that exists in Michigan domestic violence laws is the enhancement of penalties for repeat offenders.
For a first offense, a defendant convicted of domestic violence can be sentenced to jail up to 93 days and fined up to $500.
However, if prosecutors can prove the defendant has previously been convicted of a domestic violence charge in Michigan or another state, it can request:
- 2nd offense for domestic violence: Up to one year in jail and $1,000 fine.
- 3rd offense for domestic violence (or more): Up to 5 years in jail and $5,000 fine.
Role of a Michigan Domestic Violence Attorney
An attorney experienced in defending against criminal charges, like domestic violence, ensures your rights are protected and forces the prosecution to prove all the elements of its case.
If a prosecutor lacks the legal proof to support a domestic violence charge, a domestic violence attorney can push the prosecution to drop the charges, persuade the judge to dismiss the charges, or convince a jury to return a “not guilty” verdict.
Facing domestic violence charges? Unhappy with your current attorney? Request a free consultation now.
Attorney Morris is trial lawyer who has been providing high-quality legal representation in the areas of state and federal criminal defense for more than 20 years. He’s known for his trial preparation by fellow attorneys, judges and clients alike. As a trial attorney, he’s dedicated to attaining justice in every case, and is always prepared to successfully take on complex legal issues. Barton and his law firm pride themselves on obtaining results for their clients that other attorneys cannot.
Not only does Barton Morris have extensive experience, he also engages in continuing legal education to provide the highest quality legal services. Barton has received specialized scientific training through the American Chemical Society, and is the only forensic lawyer-scientist in Michigan. He attended the prestigious Trial Lawyers College and serves on its Alumni Association Board of Directors. Barton Morris is also a board member of several distinguished legal associations including the Michigan Association of OWI Attorneys, and the DUI Defense Lawyer’s Association Justice Foundation. He’s also an active member of the National Association of Criminal Defense Attorneys and has graduated from their National Criminal Defense Trial College in Macon, Georgia.
Barton Morris is consistently chosen as a Top Lawyer of Metro Detroit and for DUI/OWI and criminal defense by DBusiness Magazine and Hour Magazine. He has also been chosen as a Super Lawyer in Criminal Defense.