Domestic Violence Attorney in Lansing MI

Physical assault cases involve allegations that you struck, pushed, shoved, or otherwise physically harmed someone in a domestic relationship. These charges often arise from heated arguments that escalated, mutual altercations where both parties were physical, or situations where you were acting in self-defense. We thoroughly investigate the circumstances, review medical records, examine photographs, and interview witnesses to challenge the prosecution’s version of events. Many assault allegations involve exaggeration or conflicting accounts that we can use to create reasonable doubt.

When prosecutors allege that the victim suffered bodily injury requiring medical attention, charges escalate to aggravated domestic violence under MCL 750.81a. These cases often hinge on medical evidence, photographs, and expert testimony. We work with medical professionals to review injury documentation and challenge whether injuries were as severe as claimed or even caused by you. In some cases, pre-existing conditions, self-inflicted injuries, or injuries from other sources can be demonstrated.

Threatening language, gestures, or conduct can result in domestic violence charges even without physical contact. Prosecutors may charge assault (the threat of harm) separately from battery (actual physical contact). We examine the context of alleged threats, whether you had the ability to carry them out, and whether the complainant had reasonable fear. Text messages, voicemails, and witness statements become critical evidence that we analyze to expose inconsistencies and alternative explanations.

Breaking objects, damaging a phone, or destroying belongings during a domestic dispute can support domestic violence charges in Michigan. While property damage alone might be charged as malicious destruction of property, when it occurs in a domestic context, it often becomes part of a broader domestic violence case. We work to show that property damage occurred accidentally, that you had ownership rights to the property, or that the damage was minimal.

If you have been served with a personal protection order (PPO) and allegedly violated its terms, you face separate criminal charges under MCL 600.2950. Violations can include contacting the protected person, going to their home or workplace, or being within a certain distance. We defend against PPO violations by challenging whether you knowingly violated the order, whether contact was initiated by the protected person, or whether the prosecution can prove you were at a restricted location.

Strangulation or suffocation in a domestic violence context is a serious felony under MCL 750.84. Even without visible injuries, allegations that you restricted someone’s breathing can result in up to 10 years in prison. These cases often lack physical evidence and rely heavily on the complainant’s statement. We challenge these charges by examining the medical evidence, demonstrating inconsistencies in the alleged victim’s account, and presenting alternative explanations.

We meet with you to understand exactly what happened, review any documentation you have, and explain the charges and potential consequences. This confidential meeting helps us identify immediate concerns like bond conditions or protective orders.

We obtain police reports, witness statements, 911 recordings, body camera footage, medical records, and any other evidence. We interview witnesses, visit the scene, and gather evidence that supports your defense. The sooner we begin, the more evidence we can preserve.

Many domestic violence cases come down to “he said, she said” situations. We examine the complainant’s statement for inconsistencies, review their history of false allegations if applicable, and identify motives to lie such as custody disputes, property division, or revenge.

Michigan law allows you to use reasonable force to protect yourself or others from imminent harm. If you were defending yourself, we gather evidence showing you were the victim, not the aggressor. This includes your injuries, witness testimony, and the other person’s history of violence.

We scrutinize photographs, medical records, and physical evidence. Injuries may be minor, self-inflicted, or from another source. Lack of injuries despite serious allegations undermines the prosecution’s case. We work with experts when necessary to challenge medical testimony.

We leverage weaknesses in the prosecution’s case to negotiate dismissals, charge reductions, or alternative sentencing. Many first-time offenders qualify for deferred prosecution or diversion programs that keep convictions off your record.

If your case goes to trial, we are prepared to fight. We cross-examine witnesses, present your evidence, and argue your case to a jury. Our courtroom experience in Lansing means we know what local juries respond to and how to present your defense effectively.

You have the right to protect yourself from imminent harm. If the other person attacked you first or you reasonably believed you were in danger, you may have acted in lawful self-defense. Michigan law does not require you to retreat in your own home before using force to defend yourself.

You can also use reasonable force to protect another person from harm. If you were protecting a child or another family member, this may be a complete defense.

Unfortunately, false domestic violence allegations occur more often than many people realize. Motives include gaining advantage in divorce or custody proceedings, retaliation for infidelity, or manipulation. We investigate thoroughly to expose lies and inconsistencies.

Accidental contact is not domestic violence. If physical contact occurred unintentionally during an argument or accident, you may have a defense based on lack of criminal intent.

When both parties are equally aggressive and physical, determining who was the primary aggressor becomes difficult. We work to show that you were not the sole aggressor or that both parties share responsibility.

The prosecution must prove guilt beyond a reasonable doubt. If their evidence is weak, inconsistent, or contradicted by other evidence, we argue that the burden has not been met.

You do not have to answer police questions. Officers may seem friendly and suggest that explaining your side will help, but statements made during arrest are almost always used against you. Politely decline to answer questions and request an attorney.

You can have a lawyer present during questioning. If you cannot afford an attorney, one will be appointed. However, appointed attorneys often handle heavy caseloads. Hiring a private domestic violence attorney in Lansing ensures dedicated attention to your case.

Officers need reasonable grounds to believe you committed domestic violence. However, Michigan law requires police to arrest someone when they respond to domestic violence calls if they have probable cause. This means arrests happen frequently, even in questionable situations.

If police ask to search your home, phone, or vehicle, you can refuse. Officers need a warrant or probable cause to search without consent. Anything found during a search can be used as evidence.

After arrest, you will appear before a judge for arraignment, typically within 72 hours. The judge will set bond and may impose conditions like no contact with the alleged victim, GPS tethering, or alcohol testing. Violating these conditions can result in bond revocation and additional charges.

The alleged victim may request a personal protection order (PPO). This civil order can prohibit contact, require you to move out of a shared home, and restrict your access to your children. You have the right to contest the PPO at a hearing. An attorney can help you fight unjust protective orders that limit your rights and freedom.

No. Even if you believe explaining your side will help, speaking to police without an attorney is almost always a mistake.

Officers are trained to gather incriminating statements, and anything you say can be used against you in court. You have a constitutional right to remain silent and to have an attorney present during questioning. Exercise these rights.

Contact a domestic violence attorney in Lansing immediately, and let your lawyer communicate with law enforcement on your behalf. This protects you from making statements that could be misunderstood, taken out of context, or simply used to build the prosecution’s case.

Not necessarily. While domestic violence charges are serious, many factors determine whether you will serve jail time.

First offenses, cases with weak evidence, situations involving self-defense, and cases with minimal or no injuries often result in no jail time, especially with strong legal representation. You may qualify for probation, deferred sentencing, or alternative programs that avoid incarceration. However, second and third offenses carry mandatory jail time in many situations, and aggravated charges with serious injuries increase the likelihood of incarceration.

An experienced domestic violence lawyer in Lansing will evaluate your specific situation, explain the realistic possibilities, and fight to keep you out of jail.

Most misdemeanor domestic violence cases in the greater Lansing area resolve within two to four months, though complex cases or those going to trial can take six months to a year.

The timeline includes arraignment (typically within 72 hours of arrest), pretrial conferences (usually one to three hearings), plea negotiations, and potentially a trial. Felony cases take longer, often six months to over a year, due to preliminary examinations and circuit court procedures.

The specific timeline depends on court schedules, the complexity of evidence, witness availability, and whether you accept a plea agreement or proceed to trial. Our firm works efficiently to resolve your case as quickly as possible while ensuring the best outcome.

Yes, many domestic violence cases result in dismissals or reduced charges.

Dismissals occur when the prosecution lacks sufficient evidence, witnesses refuse to cooperate, evidence is suppressed due to constitutional violations, or we demonstrate that you acted in self-defense or were falsely accused. Charge reductions happen through plea negotiations when we identify weaknesses in the prosecution’s case. For example, a felony charge may be reduced to a misdemeanor, or a domestic violence charge may be reduced to simple assault. First-time offenders may qualify for diversion programs that result in dismissal after completing requirements.

Our track record includes numerous dismissals and reductions for clients. Early intervention by an attorney improves your chances significantly.

Your first court appearance, called an arraignment, typically occurs within 72 hours of arrest. The judge will inform you of the charges, your rights, and potential penalties. The court will set bond or release conditions, which may include no contact with the alleged victim, GPS tethering, or check-ins with court personnel. You will enter a plea (usually not guilty at this stage).

The judge may appoint a public defender if you qualify, but hiring a private domestic violence attorney in Lansing ensures you receive dedicated representation from the start. After arraignment, your case proceeds to pretrial conferences where your attorney negotiates with prosecutors and prepares for trial if necessary.

Having an attorney at your arraignment can result in better bond conditions and demonstrates to the court that you are taking the case seriously.

If you are convicted of domestic violence, it will appear on your criminal record and can be seen by employers, landlords, and licensing agencies.

However, Michigan law allows certain domestic violence convictions to be expunged (removed from your record) after a waiting period if you meet specific requirements. For misdemeanors, you may petition for expungement three years after completing your sentence. For felonies, the waiting period is five years. Some domestic violence cases can be resolved through deferred prosecution or diversion programs that keep convictions off your record entirely if you successfully complete the program.

Avoiding a conviction in the first place is always the best outcome, which is why aggressive defense representation matters.

Absolutely not without first consulting an experienced domestic violence lawyer. Pleading guilty has serious and lasting consequences, including a criminal record, loss of gun rights, employment difficulties, housing challenges, and potential custody issues.

Many people plead guilty because they do not understand their rights, available defenses, or potential for charge reduction or dismissal. Even if you believe the evidence is strong, there may be defenses or mitigating factors that an attorney can use to your advantage.

Prosecutors often overcharge, and the initial charges are not necessarily what you will be convicted of. Before accepting any plea, have an attorney review the evidence, investigate your case, and negotiate on your behalf. A plea should only be considered after exploring all options.

Yes. Domestic violence charges carry serious penalties, long-term consequences, and collateral impacts on your life.

The criminal justice system is complex, and prosecutors have significant resources and experience. Representing yourself or relying on an overworked public defender puts you at a severe disadvantage. An experienced domestic violence attorney in Lansing understands Michigan law, local court procedures, and effective defense strategies.

Your lawyer will investigate the case, challenge evidence, negotiate with prosecutors, protect your constitutional rights, and fight for the best possible outcome. The cost of hiring an attorney is minimal compared to the cost of a conviction. Do not take chances with your future.

Not directly. In Michigan, the prosecutor, not the alleged victim, decides whether to pursue charges.

Once police respond to a domestic violence call and make an arrest, the case typically proceeds regardless of the victim’s wishes. Victims cannot simply “drop” charges. However, if the alleged victim does not want to cooperate, refuses to testify, or recants their statement, this can weaken the prosecution’s case significantly.

Prosecutors may dismiss charges if they cannot prove the case without the victim’s testimony, though this is not guaranteed. We work to understand the alleged victim’s current position and use any reluctance to cooperate as leverage in negotiations.

Having said that, you should never contact the alleged victim to convince them to drop charges, as this can result in additional charges for witness tampering or violating no-contact orders.

Self-defense is a complete defense to domestic violence charges in Michigan. You have the right to use reasonable force to protect yourself from imminent harm or unlawful force.

If you were attacked first or reasonably believed you were in danger, you may have acted lawfully. Michigan’s self-defense law does not require you to retreat from your own home before using force. To successfully assert self-defense, we must show that you reasonably believed you were in danger, you used no more force than necessary, and you were not the initial aggressor.

Evidence supporting self-defense includes your injuries, witness testimony, the other person’s history of violence, threatening messages or statements, and the size or strength difference between you and the alleged victim. We thoroughly investigate to build a strong self-defense case and present it to prosecutors or a jury.