Navigating Domestic Violence Charges in the 52nd District Court - Rochester, Auburn Hills, Rochester Hills, Lake Angelus, or the townships of Oxford, Addison, Orion, and Oakland
If you're facing a domestic violence charge in the cities of Rochester, Auburn Hills, Rochester Hills, Lake Angelus, or the townships of Oxford, Addison, Orion, and Oakland, you're undoubtedly under considerable stress. But you're not alone. As an attorney with experience in both sides of domestic violence cases, I'm equipped to guide you through the complex legal maze in these jurisdictions.
Overview of the 52nd District Court - Division 3
The 52nd District Court - Division 3 serves several cities and townships, including Rochester, Auburn Hills, and Rochester Hills, among others. Familiarizing yourself with the unique proceedings and personnel of this court can significantly impact your case's outcome.
What You Need to Know: Domestic Violence Laws in Michigan
Definitions: Assault and Battery
In Michigan, assault is the act of making someone fear immediate physical harm, while battery involves actual physical contact. These definitions set the foundation for understanding what qualifies as domestic violence in the state.
To be convicted of domestic violence in Michigan, the following relationships must be established:
First-Time Offenders: MCL 769.4A Plea Bargain
If you're a first-time offender, there may be the option of a plea bargain under MCL 769.4A. This deferred proceeding route needs approval from both the judge and prosecutor after consulting the victim. This process can be very challenging to get everyone onboard with a dismissal plan; I've had to go back and forth with the prosecutor and advocate on behalf of my client with the judge to make this happen; we reply on our proactive steps we've had in place for weeks if not months leading up to court.
Your Defense Strategy in the 52nd District Court - Division 3
I will conduct an exhaustive review of all evidence, possibly involving a private investigator to make sure that we explore every aspect of the case.
During the pre-trial phase, I will engage in negotiations with the prosecutor. Understanding the judge's sentencing tendencies can be a crucial part of this process.
Having a contingency plan is essential. This could include negotiating additional plea deals or assembling character references, always aiming to present you in the best light possible.
Unique Aspects of Domestic Violence Cases in Michigan
Use of Past Incidents
One unique aspect is the use of past incidents, even if they were never reported, as evidence. We will prepare a robust defense to counter any such claims.
Statements made by the victim to the police can be used as evidence, even if the victim later recants. It is crucial to be prepared for this scenario.
Conclusion: Take Control of Your Situation
Facing domestic violence charges in the 52nd District Court - Division 3 can be incredibly overwhelming. But with the right legal strategy, the impact on your life can be minimized. You're not just a case number; you're a person with concerns, fears, and a future to consider. Together, we will aim for the best outcome, allowing you to move on to a more positive phase of your life.