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Our firm focuses on the client's journey, and how he/she finds themselves on the wrong side of the law. We lead with empathy and understanding; our clients are not criminals, but rather good hearted, caring folks who respect the law, and want to be held in high regard. We work with a diverse pool of clients; our clients are our partners, and together we put forth a proactive approach to every case.
While I am a former NYC and Michigan prosecutor, and have been practicing criminal defense for more than a decade, I don't like using the "criminal" label with my clients. My clients don't have anything to hide; they are more frightened and embarrassed, and worried about an uncertain future. They are concerned that they made a terrible "first impression" with the police, prosecutor, judge, and court system; it can be gut wrenching to feel "stuck"; you can't change what happened, and sitting around, and worrying only makes things worse. My goal is to empower each client to make a "true impression" and understand and demonstrate how they ended up on the wrong side of the law, and provide them the tools to SHOW rather than TELL what they can learn from their incident, and where they are going in the future. Nothing feels better as an attorney than to hear a prosecutor and judge praise my client for stepping up, and taking control of their own situation. My clients do amazing in the criminal justice system, because they are mere visitors; having the right exit strategy is the key to navigating the most challenging moment in your life. You only get to handle your case once, how do you want to approach it? Howell 53rd District Court - DV LawyerOur firm focuses on the client's journey, and how he/she finds themselves on the wrong side of the law. We lead with empathy and understanding; our clients are not criminals, but rather good hearted, caring folks who respect the law, and want to be held in high regard. We work with a diverse pool of clients; our clients are our partners, and together we put forth a proactive approach to every case.
While I am a former NYC and Michigan prosecutor, and have been practicing criminal defense for more than a decade, I don't like using the "criminal" label with my clients. My clients don't have anything to hide; they are more frightened and embarrassed, and worried about an uncertain future. They are concerned that they made a terrible "first impression" with the police, prosecutor, judge, and court system; it can be gut wrenching to feel "stuck"; you can't change what happened, and sitting around, and worrying only makes things worse. My goal is to empower each client to make a "true impression" and understand and demonstrate how they ended up on the wrong side of the law, and provide them the tools to SHOW rather than TELL what they can learn from their incident, and where they are going in the future. Nothing feels better as an attorney than to hear a prosecutor and judge praise my client for stepping up, and taking control of their own situation. Domestic Violence Oakland CountyAs a former prosecutor, I worked on hundreds of domestic violence cases. I've taken that experience, and now help clients accused of this serious crime as a defense attorney.
The first thing we need to do is understand and acknowledge the perception of our audience. This includes the prosecutor, judge, police and the general public. I include the general public, because domestic violence cases go to trial more than most criminal charges, and having a jury of your peers decide your case comes with many pros and cons. I don't condone violence against family members or loved ones. I take on these types of cases, because despite a serious criminal charge, the accused deserves to execute their rights in the criminal justice system. If the client is falsely accused then I help them push for their innocence; if the client broke the law and the evidence supports the charge, then we focus on getting the client the help they need to be a better person, avoid future violence and make amends to the person hurt by their actions. I tell clients all the time, it's ok if you're guilty, it doesn't make you a bad person, it doesn't mean you're going to jail, and it may not even mean having a criminal record from the incident. It's an opportunity to work on yourself, be proactive, and change the reality of who you are along with the perception of the case. In Michigan, a regular assault becomes a domestic assault when it involves a spouse, a former spouse, a person which you share a child in common, a resident or former resident of your household or a person which you have or had a dating relationship. Because of this close bond relationship, which is required, the prosecutor does not give the accused the benefit of the doubt. Anytime I speak to a prosecutor about a domestic violence charge, there's a major stink in the air. Simply by reading a 1-2 page police report, the prosecutor is convinced my client is really guilty and is ready to plead and beg for mercy from the judge. Prosecutor's, especially less experienced ones, don't bother to see both sides of the case; the majority of domestic violence cases begin with a mutual dispute, and typically two parties are at fault in the incident starting, and usually in the police getting involved. Once the incident has started, does one party break the law with a violent act, or does one person just get arrested based on who placed the call. Does the male get arrested simply due to public perception? Are their real and actual injuries (although not required) that can help us better understand the case? There's unlikely to be a video unless it happens in public, but photos taken of the parties involved, medical reports, audio from 911 calls, officer microphones while on scene and dash cam videos can be helpful. The rules of evidence for domestic violence cases provide the prosecutor additional ammo to admit certain evidence against a client if the victim/witness testifies to something different at trial than originally stated to law enforcement. As a former prosecutor, I can see the wheels spinning in their head; sure the report looks strong, but are you able to actually put this forth at trial and meet your burden? Maybe not. My clients always keep a trial on the table for domestic violence cases, because unlike most cases, a private citizen is the key witness, not a police officer, and there's probably not going to be videos, tests etc like say a drunk driving case. My clients must use this elephant in the room to their advantage. These cases usually start with people who love each other, get involved in an incident, but within 24 hours are back loving each other. Is the prosecution willing to force someone to testify if their story has changed? Are they going to issue a material witness warrant and arrest someone to testify? Along with this leverage, my clients have to create leverage outside of the courtroom. We understand the perception of my client. and the uncertainly that the charges bring for my client in the mind of the prosecutor and judge. Is my client a dangerous person? Should they be locked up? Should they have to avoid the person and the place where this happened? No matter what the actual answer to those questions are, we lean toward acknowledging that these are not worth fighting over at the moment, we simply get to work to show they aren't true. If alcohol was involved, I get my clients on a daily testing unit to show that they are clearheaded during the case, and if alcohol was a major contributor to the incident, we put a lot of our focus on substance abuse awareness and treatment. If the evidence indicates there actually was some form of violence, we may engage in proactive anger management and/or counseling. If based on the evidence, it appears that resolution may be the best route, we may even begin an actual domestic violence program. If the parties wish to have contact, I am able to make contact with the alleged victim/witness to inform them that if they wish to provide additional information about wanting contact with my client, they can come to the next court hearing. A judge may or may not grant this request now, but my client needs the victim to agree for this to happen. If things are still red hot, I tell my client they are better off not having contact right now; the worse thing to happen is for my client to have contact, and another argument breaks out, and the cops are back at the scene. That's a potential bond violation and new charges. Each case is different, but the perception of the prosecution rarely changes for domestic violence. This is always a hot button issue for a prosecutor, which it should be, but the prosecutor has to be asked to keep an open mind and the defense must be able to play some currency when it comes to discussing positive outcomes for the client. It's quite difficult to sway a prosecutor on simply statements like: he has no record, he has a job, kids etc. This is not a low level everyday OPPS my client made a mistake. Domestic violence charges must be met with a serious response; mere allegations are enough for my client to get to work on changing the perception of the case. DV Attorney Oakland CountyAs a former prosecutor, I worked on hundreds of domestic violence cases. I've taken that experience, and now help clients accused of this serious crime as a defense attorney.
The first thing we need to do is understand and acknowledge the perception of our audience. This includes the prosecutor, judge, police and the general public. I include the general public, because domestic violence cases go to trial more than most criminal charges, and having a jury of your peers decide your case comes with many pros and cons. I don't condone violence against family members or loved ones. I take on these types of cases, because despite a serious criminal charge, the accused deserves to execute their rights in the criminal justice system. If the client is falsely accused then I help them push for their innocence; if the client broke the law and the evidence supports the charge, then we focus on getting the client the help they need to be a better person, avoid future violence and make amends to the person hurt by their actions. I tell clients all the time, it's ok if you're guilty, it doesn't make you a bad person, it doesn't mean you're going to jail, and it may not even mean having a criminal record from the incident. It's an opportunity to work on yourself, be proactive, and change the reality of who you are along with the perception of the case. In Michigan, a regular assault becomes a domestic assault when it involves a spouse, a former spouse, a person which you share a child in common, a resident or former resident of your household or a person which you have or had a dating relationship. Because of this close bond relationship, which is required, the prosecutor does not give the accused the benefit of the doubt. Anytime I speak to a prosecutor about a domestic violence charge, there's a major stink in the air. Simply by reading a 1-2 page police report, the prosecutor is convinced my client is really guilty and is ready to plead and beg for mercy from the judge. Prosecutor's, especially less experienced ones, don't bother to see both sides of the case; the majority of domestic violence cases begin with a mutual dispute, and typically two parties are at fault in the incident starting, and usually in the police getting involved. Once the incident has started, does one party break the law with a violent act, or does one person just get arrested based on who placed the call. Does the male get arrested simply due to public perception? Are their real and actual injuries (although not required) that can help us better understand the case? There's unlikely to be a video unless it happens in public, but photos taken of the parties involved, medical reports, audio from 911 calls, officer microphones while on scene and dash cam videos can be helpful. The rules of evidence for domestic violence cases provide the prosecutor additional ammo to admit certain evidence against a client if the victim/witness testifies to something different at trial than originally stated to law enforcement. As a former prosecutor, I can see the wheels spinning in their head; sure the report looks strong, but are you able to actually put this forth at trial and meet your burden? Maybe not. My clients always keep a trial on the table for domestic violence cases, because unlike most cases, a private citizen is the key witness, not a police officer, and there's probably not going to be videos, tests etc like say a drunk driving case. My clients must use this elephant in the room to their advantage. These cases usually start with people who love each other, get involved in an incident, but within 24 hours are back loving each other. Is the prosecution willing to force someone to testify if their story has changed? Are they going to issue a material witness warrant and arrest someone to testify? Along with this leverage, my clients have to create leverage outside of the courtroom. We understand the perception of my client. and the uncertainly that the charges bring for my client in the mind of the prosecutor and judge. Is my client a dangerous person? Should they be locked up? Should they have to avoid the person and the place where this happened? No matter what the actual answer to those questions are, we lean toward acknowledging that these are not worth fighting over at the moment, we simply get to work to show they aren't true. If alcohol was involved, I get my clients on a daily testing unit to show that they are clearheaded during the case, and if alcohol was a major contributor to the incident, we put a lot of our focus on substance abuse awareness and treatment. If the evidence indicates there actually was some form of violence, we may engage in proactive anger management and/or counseling. If based on the evidence, it appears that resolution may be the best route, we may even begin an actual domestic violence program. If the parties wish to have contact, I am able to make contact with the alleged victim/witness to inform them that if they wish to provide additional information about wanting contact with my client, they can come to the next court hearing. A judge may or may not grant this request now, but my client needs the victim to agree for this to happen. If things are still red hot, I tell my client they are better off not having contact right now; the worse thing to happen is for my client to have contact, and another argument breaks out, and the cops are back at the scene. That's a potential bond violation and new charges. Each case is different, but the perception of the prosecution rarely changes for domestic violence. This is always a hot button issue for a prosecutor, which it should be, but the prosecutor has to be asked to keep an open mind and the defense must be able to play some currency when it comes to discussing positive outcomes for the client. It's quite difficult to sway a prosecutor on simply statements like: he has no record, he has a job, kids etc. This is not a low level everyday OPPS my client made a mistake. Domestic violence charges must be met with a serious response; mere allegations are enough for my client to get to work on changing the perception of the case. Farmington Hills Domestic Violence LawyerAs a former prosecutor, I worked on hundreds of domestic violence cases. I've taken that experience, and now help clients accused of this serious crime as a defense attorney.
The first thing we need to do is understand and acknowledge the perception of our audience. This includes the prosecutor, judge, police and the general public. I include the general public, because domestic violence cases go to trial more than most criminal charges, and having a jury of your peers decide your case comes with many pros and cons. I don't condone violence against family members or loved ones. I take on these types of cases, because despite a serious criminal charge, the accused deserves to execute their rights in the criminal justice system. If the client is falsely accused then I help them push for their innocence; if the client broke the law and the evidence supports the charge, then we focus on getting the client the help they need to be a better person, avoid future violence and make amends to the person hurt by their actions. I tell clients all the time, it's ok if you're guilty, it doesn't make you a bad person, it doesn't mean you're going to jail, and it may not even mean having a criminal record from the incident. It's an opportunity to work on yourself, be proactive, and change the reality of who you are along with the perception of the case. In Michigan, a regular assault becomes a domestic assault when it involves a spouse, a former spouse, a person which you share a child in common, a resident or former resident of your household or a person which you have or had a dating relationship. Because of this close bond relationship, which is required, the prosecutor does not give the accused the benefit of the doubt. Anytime I speak to a prosecutor about a domestic violence charge, there's a major stink in the air. Simply by reading a 1-2 page police report, the prosecutor is convinced my client is really guilty and is ready to plead and beg for mercy from the judge. Prosecutor's, especially less experienced ones, don't bother to see both sides of the case; the majority of domestic violence cases begin with a mutual dispute, and typically two parties are at fault in the incident starting, and usually in the police getting involved. Once the incident has started, does one party break the law with a violent act, or does one person just get arrested based on who placed the call. Does the male get arrested simply due to public perception? Are their real and actual injuries (although not required) that can help us better understand the case? There's unlikely to be a video unless it happens in public, but photos taken of the parties involved, medical reports, audio from 911 calls, officer microphones while on scene and dash cam videos can be helpful. The rules of evidence for domestic violence cases provide the prosecutor additional ammo to admit certain evidence against a client if the victim/witness testifies to something different at trial than originally stated to law enforcement. As a former prosecutor, I can see the wheels spinning in their head; sure the report looks strong, but are you able to actually put this forth at trial and meet your burden? Maybe not. My clients always keep a trial on the table for domestic violence cases, because unlike most cases, a private citizen is the key witness, not a police officer, and there's probably not going to be videos, tests etc like say a drunk driving case. My clients must use this elephant in the room to their advantage. These cases usually start with people who love each other, get involved in an incident, but within 24 hours are back loving each other. Is the prosecution willing to force someone to testify if their story has changed? Are they going to issue a material witness warrant and arrest someone to testify? Along with this leverage, my clients have to create leverage outside of the courtroom. We understand the perception of my client. and the uncertainly that the charges bring for my client in the mind of the prosecutor and judge. Is my client a dangerous person? Should they be locked up? Should they have to avoid the person and the place where this happened? No matter what the actual answer to those questions are, we lean toward acknowledging that these are not worth fighting over at the moment, we simply get to work to show they aren't true. If alcohol was involved, I get my clients on a daily testing unit to show that they are clearheaded during the case, and if alcohol was a major contributor to the incident, we put a lot of our focus on substance abuse awareness and treatment. If the evidence indicates there actually was some form of violence, we may engage in proactive anger management and/or counseling. If based on the evidence, it appears that resolution may be the best route, we may even begin an actual domestic violence program. If the parties wish to have contact, I am able to make contact with the alleged victim/witness to inform them that if they wish to provide additional information about wanting contact with my client, they can come to the next court hearing. A judge may or may not grant this request now, but my client needs the victim to agree for this to happen. If things are still red hot, I tell my client they are better off not having contact right now; the worse thing to happen is for my client to have contact, and another argument breaks out, and the cops are back at the scene. That's a potential bond violation and new charges. Each case is different, but the perception of the prosecution rarely changes for domestic violence. This is always a hot button issue for a prosecutor, which it should be, but the prosecutor has to be asked to keep an open mind and the defense must be able to play some currency when it comes to discussing positive outcomes for the client. It's quite difficult to sway a prosecutor on simply statements like: he has no record, he has a job, kids etc. This is not a low level everyday OPPS my client made a mistake. Domestic violence charges must be met with a serious response; mere allegations are enough for my client to get to work on changing the perception of the case. Wayne County Domestic ViolenceAs a former prosecutor, I worked on hundreds of domestic violence cases. I've taken that experience, and now help clients accused of this serious crime as a defense attorney.
The first thing we need to do is understand and acknowledge the perception of our audience. This includes the prosecutor, judge, police and the general public. I include the general public, because domestic violence cases go to trial more than most criminal charges, and having a jury of your peers decide your case comes with many pros and cons. I don't condone violence against family members or loved ones. I take on these types of cases, because despite a serious criminal charge, the accused deserves to execute their rights in the criminal justice system. If the client is falsely accused then I help them push for their innocence; if the client broke the law and the evidence supports the charge, then we focus on getting the client the help they need to be a better person, avoid future violence and make amends to the person hurt by their actions. I tell clients all the time, it's ok if you're guilty, it doesn't make you a bad person, it doesn't mean you're going to jail, and it may not even mean having a criminal record from the incident. It's an opportunity to work on yourself, be proactive, and change the reality of who you are along with the perception of the case. In Michigan, a regular assault becomes a domestic assault when it involves a spouse, a former spouse, a person which you share a child in common, a resident or former resident of your household or a person which you have or had a dating relationship. Because of this close bond relationship, which is required, the prosecutor does not give the accused the benefit of the doubt. Anytime I speak to a prosecutor about a domestic violence charge, there's a major stink in the air. Simply by reading a 1-2 page police report, the prosecutor is convinced my client is really guilty and is ready to plead and beg for mercy from the judge. Prosecutor's, especially less experienced ones, don't bother to see both sides of the case; the majority of domestic violence cases begin with a mutual dispute, and typically two parties are at fault in the incident starting, and usually in the police getting involved. Once the incident has started, does one party break the law with a violent act, or does one person just get arrested based on who placed the call. Does the male get arrested simply due to public perception? Are their real and actual injuries (although not required) that can help us better understand the case? There's unlikely to be a video unless it happens in public, but photos taken of the parties involved, medical reports, audio from 911 calls, officer microphones while on scene and dash cam videos can be helpful. The rules of evidence for domestic violence cases provide the prosecutor additional ammo to admit certain evidence against a client if the victim/witness testifies to something different at trial than originally stated to law enforcement. As a former prosecutor, I can see the wheels spinning in their head; sure the report looks strong, but are you able to actually put this forth at trial and meet your burden? Maybe not. My clients always keep a trial on the table for domestic violence cases, because unlike most cases, a private citizen is the key witness, not a police officer, and there's probably not going to be videos, tests etc like say a drunk driving case. My clients must use this elephant in the room to their advantage. These cases usually start with people who love each other, get involved in an incident, but within 24 hours are back loving each other. Is the prosecution willing to force someone to testify if their story has changed? Are they going to issue a material witness warrant and arrest someone to testify? Along with this leverage, my clients have to create leverage outside of the courtroom. We understand the perception of my client. and the uncertainly that the charges bring for my client in the mind of the prosecutor and judge. Is my client a dangerous person? Should they be locked up? Should they have to avoid the person and the place where this happened? No matter what the actual answer to those questions are, we lean toward acknowledging that these are not worth fighting over at the moment, we simply get to work to show they aren't true. If alcohol was involved, I get my clients on a daily testing unit to show that they are clearheaded during the case, and if alcohol was a major contributor to the incident, we put a lot of our focus on substance abuse awareness and treatment. If the evidence indicates there actually was some form of violence, we may engage in proactive anger management and/or counseling. If based on the evidence, it appears that resolution may be the best route, we may even begin an actual domestic violence program. If the parties wish to have contact, I am able to make contact with the alleged victim/witness to inform them that if they wish to provide additional information about wanting contact with my client, they can come to the next court hearing. A judge may or may not grant this request now, but my client needs the victim to agree for this to happen. If things are still red hot, I tell my client they are better off not having contact right now; the worse thing to happen is for my client to have contact, and another argument breaks out, and the cops are back at the scene. That's a potential bond violation and new charges. Each case is different, but the perception of the prosecution rarely changes for domestic violence. This is always a hot button issue for a prosecutor, which it should be, but the prosecutor has to be asked to keep an open mind and the defense must be able to play some currency when it comes to discussing positive outcomes for the client. It's quite difficult to sway a prosecutor on simply statements like: he has no record, he has a job, kids etc. This is not a low level everyday OPPS my client made a mistake. Domestic violence charges must be met with a serious response; mere allegations are enough for my client to get to work on changing the perception of the case. If after sorting over the pretrial options, a client decides they want to go to trial, we discuss possible defenses. The problem with most domestic violence cases in Michigan is that my client is probably technically guilty of having "unwanted contact with the victim".
Most clients believe that domestic violence involves punching, kicking and most commonly "hurting someone" - known of these common believes are required to be charged and found guilty of domestic violence in Michigan. I typically demonstrate what domestic violence is on my own clients - simply giving them a shove in the shoulder or pushing them out of the way is "unwanted contact" The bar is quite low and if my client was present and we don't have a mistaken identity (not happening when there is a domestic relationship) it seems like it would be impossible to win a domestic violence trial. The most common ways to win a DV trial are the following: 1. The victim does not want to testify (prosecutor then dismisses) or they don't want to testify (prosecutor doesn't dismiss) but the jury or judge have a difficult time convicting when the victim is denying anything happened. 2. Self-defense or reasonable response Going to focus more on the reasonable response; the Michigan Jury Instructions for domestic violence, specifically M Crim JI 17.24a states (1) The defendant has raised the defense that [his / her] conduct was a reasonable response to an act of domestic violence. The defendant has the burden of proving this defense. To satisfy this burden, the evidence must persuade you that it is more likely than not that [his / her] conduct was a reasonable response to an act of domestic violence, given all of the facts and circumstances known to[him / her] at the time. (4) If the defendant has proved that [his / her] conduct was a reasonable response to an act of domestic violence in light of the facts and circumstances known to [him / her] at the time, you must find [him / her]not guilty of _________. If [he / she] has failed to prove this defense, [his / her] defense that [his / her] conduct was a reasonable response to an act of domestic violence fails. What all this legal language means is if someone is charged with domestic violence, a judge or jury gets to hear what they did from all witnesses and decide if that was reasonable. That reasonableness is not defined, but up to the jury or judge to decide. Here are two clear examples, which aren't always the case - it's usually more grey area. Scenario #1 1. Defendant claims the victim yelled at him about not paying the bills, and at one point pushed him and told him he was a no good husband. Victim admits to doing this on the stand, but then says the defendant punched her in the face multiple times and kicked her on the ground. Defendant claims he was pushed and victim was trying to push him a second time so he reacted. Scenario #2 1. Victim and defendant both admit to a verbal fight over bills not being paid. Victim claims she was shoved by the defendant and pushed out of the way, and she was afraid of the defendant. Defendant admits he shoved the victim, but claims the victim was cornering him and removed himself out the situation by pushing victim out of the way. In scenario #1 it is probably not reasonable to punch and kick someone as a response to pushing and yelling. In scenario #2, if there is a lot of mutual contact and the defendant simply wants to get away, admitting to pushing someone out of the way may technically be "unwanted touching" but is COULD BE reasonable within that moment. In Michigan, scenario #2 may offer the defendant a good defense to the domestic violence charges. The caveat being trial is always risky and alternative options should always be discussed prior to rolling the dice on your future. DV Attorney Wayne CountyIf after sorting over the pretrial options, a client decides they want to go to trial, we discuss possible defenses. The problem with most domestic violence cases in Michigan is that my client is probably technically guilty of having "unwanted contact with the victim".
Most clients believe that domestic violence involves punching, kicking and most commonly "hurting someone" - known of these common believes are required to be charged and found guilty of domestic violence in Michigan. I typically demonstrate what domestic violence is on my own clients - simply giving them a shove in the shoulder or pushing them out of the way is "unwanted contact" The bar is quite low and if my client was present and we don't have a mistaken identity (not happening when there is a domestic relationship) it seems like it would be impossible to win a domestic violence trial. The most common ways to win a DV trial are the following: 1. The victim does not want to testify (prosecutor then dismisses) or they don't want to testify (prosecutor doesn't dismiss) but the jury or judge have a difficult time convicting when the victim is denying anything happened. 2. Self-defense or reasonable response Going to focus more on the reasonable response; the Michigan Jury Instructions for domestic violence, specifically M Crim JI 17.24a states (1) The defendant has raised the defense that [his / her] conduct was a reasonable response to an act of domestic violence. The defendant has the burden of proving this defense. To satisfy this burden, the evidence must persuade you that it is more likely than not that [his / her] conduct was a reasonable response to an act of domestic violence, given all of the facts and circumstances known to[him / her] at the time. (4) If the defendant has proved that [his / her] conduct was a reasonable response to an act of domestic violence in light of the facts and circumstances known to [him / her] at the time, you must find [him / her]not guilty of _________. If [he / she] has failed to prove this defense, [his / her] defense that [his / her] conduct was a reasonable response to an act of domestic violence fails. What all this legal language means is if someone is charged with domestic violence, a judge or jury gets to hear what they did from all witnesses and decide if that was reasonable. That reasonableness is not defined, but up to the jury or judge to decide. Here are two clear examples, which aren't always the case - it's usually more grey area. Scenario #1 1. Defendant claims the victim yelled at him about not paying the bills, and at one point pushed him and told him he was a no good husband. Victim admits to doing this on the stand, but then says the defendant punched her in the face multiple times and kicked her on the ground. Defendant claims he was pushed and victim was trying to push him a second time so he reacted. Scenario #2 1. Victim and defendant both admit to a verbal fight over bills not being paid. Victim claims she was shoved by the defendant and pushed out of the way, and she was afraid of the defendant. Defendant admits he shoved the victim, but claims the victim was cornering him and removed himself out the situation by pushing victim out of the way. In scenario #1 it is probably not reasonable to punch and kick someone as a response to pushing and yelling. In scenario #2, if there is a lot of mutual contact and the defendant simply wants to get away, admitting to pushing someone out of the way may technically be "unwanted touching" but is COULD BE reasonable within that moment. In Michigan, scenario #2 may offer the defendant a good defense to the domestic violence charges. The caveat being trial is always risky and alternative options should always be discussed prior to rolling the dice on your future. Novi DV AttorneyIf after sorting over the pretrial options, a client decides they want to go to trial, we discuss possible defenses. The problem with most domestic violence cases in Michigan is that my client is probably technically guilty of having "unwanted contact with the victim".
Most clients believe that domestic violence involves punching, kicking and most commonly "hurting someone" - known of these common believes are required to be charged and found guilty of domestic violence in Michigan. I typically demonstrate what domestic violence is on my own clients - simply giving them a shove in the shoulder or pushing them out of the way is "unwanted contact" The bar is quite low and if my client was present and we don't have a mistaken identity (not happening when there is a domestic relationship) it seems like it would be impossible to win a domestic violence trial. The most common ways to win a DV trial are the following: 1. The victim does not want to testify (prosecutor then dismisses) or they don't want to testify (prosecutor doesn't dismiss) but the jury or judge have a difficult time convicting when the victim is denying anything happened. 2. Self-defense or reasonable response Going to focus more on the reasonable response; the Michigan Jury Instructions for domestic violence, specifically M Crim JI 17.24a states (1) The defendant has raised the defense that [his / her] conduct was a reasonable response to an act of domestic violence. The defendant has the burden of proving this defense. To satisfy this burden, the evidence must persuade you that it is more likely than not that [his / her] conduct was a reasonable response to an act of domestic violence, given all of the facts and circumstances known to[him / her] at the time. (4) If the defendant has proved that [his / her] conduct was a reasonable response to an act of domestic violence in light of the facts and circumstances known to [him / her] at the time, you must find [him / her]not guilty of _________. If [he / she] has failed to prove this defense, [his / her] defense that [his / her] conduct was a reasonable response to an act of domestic violence fails. What all this legal language means is if someone is charged with domestic violence, a judge or jury gets to hear what they did from all witnesses and decide if that was reasonable. That reasonableness is not defined, but up to the jury or judge to decide. Here are two clear examples, which aren't always the case - it's usually more grey area. Scenario #1 1. Defendant claims the victim yelled at him about not paying the bills, and at one point pushed him and told him he was a no good husband. Victim admits to doing this on the stand, but then says the defendant punched her in the face multiple times and kicked her on the ground. Defendant claims he was pushed and victim was trying to push him a second time so he reacted. Scenario #2 1. Victim and defendant both admit to a verbal fight over bills not being paid. Victim claims she was shoved by the defendant and pushed out of the way, and she was afraid of the defendant. Defendant admits he shoved the victim, but claims the victim was cornering him and removed himself out the situation by pushing victim out of the way. In scenario #1 it is probably not reasonable to punch and kick someone as a response to pushing and yelling. In scenario #2, if there is a lot of mutual contact and the defendant simply wants to get away, admitting to pushing someone out of the way may technically be "unwanted touching" but is COULD BE reasonable within that moment. In Michigan, scenario #2 may offer the defendant a good defense to the domestic violence charges. The caveat being trial is always risky and alternative options should always be discussed prior to rolling the dice on your future. Michigan DV Attorney 15th Ann ArborIf after sorting over the pretrial options, a client decides they want to go to trial, we discuss possible defenses. The problem with most domestic violence cases in Michigan is that my client is probably technically guilty of having "unwanted contact with the victim".
Most clients believe that domestic violence involves punching, kicking and most commonly "hurting someone" - known of these common believes are required to be charged and found guilty of domestic violence in Michigan. I typically demonstrate what domestic violence is on my own clients - simply giving them a shove in the shoulder or pushing them out of the way is "unwanted contact" The bar is quite low and if my client was present and we don't have a mistaken identity (not happening when there is a domestic relationship) it seems like it would be impossible to win a domestic violence trial. The most common ways to win a DV trial are the following: 1. The victim does not want to testify (prosecutor then dismisses) or they don't want to testify (prosecutor doesn't dismiss) but the jury or judge have a difficult time convicting when the victim is denying anything happened. 2. Self-defense or reasonable response Going to focus more on the reasonable response; the Michigan Jury Instructions for domestic violence, specifically M Crim JI 17.24a states (1) The defendant has raised the defense that [his / her] conduct was a reasonable response to an act of domestic violence. The defendant has the burden of proving this defense. To satisfy this burden, the evidence must persuade you that it is more likely than not that [his / her] conduct was a reasonable response to an act of domestic violence, given all of the facts and circumstances known to[him / her] at the time. (4) If the defendant has proved that [his / her] conduct was a reasonable response to an act of domestic violence in light of the facts and circumstances known to [him / her] at the time, you must find [him / her]not guilty of _________. If [he / she] has failed to prove this defense, [his / her] defense that [his / her] conduct was a reasonable response to an act of domestic violence fails. What all this legal language means is if someone is charged with domestic violence, a judge or jury gets to hear what they did from all witnesses and decide if that was reasonable. That reasonableness is not defined, but up to the jury or judge to decide. Here are two clear examples, which aren't always the case - it's usually more grey area. Scenario #1 1. Defendant claims the victim yelled at him about not paying the bills, and at one point pushed him and told him he was a no good husband. Victim admits to doing this on the stand, but then says the defendant punched her in the face multiple times and kicked her on the ground. Defendant claims he was pushed and victim was trying to push him a second time so he reacted. Scenario #2 1. Victim and defendant both admit to a verbal fight over bills not being paid. Victim claims she was shoved by the defendant and pushed out of the way, and she was afraid of the defendant. Defendant admits he shoved the victim, but claims the victim was cornering him and removed himself out the situation by pushing victim out of the way. In scenario #1 it is probably not reasonable to punch and kick someone as a response to pushing and yelling. In scenario #2, if there is a lot of mutual contact and the defendant simply wants to get away, admitting to pushing someone out of the way may technically be "unwanted touching" but is COULD BE reasonable within that moment. In Michigan, scenario #2 may offer the defendant a good defense to the domestic violence charges. The caveat being trial is always risky and alternative options should always be discussed prior to rolling the dice on your future. If after sorting over the pretrial options, a client decides they want to go to trial, we discuss possible defenses. The problem with most domestic violence cases in Michigan is that my client is probably technically guilty of having "unwanted contact with the victim".
Most clients believe that domestic violence involves punching, kicking and most commonly "hurting someone" - known of these common believes are required to be charged and found guilty of domestic violence in Michigan. I typically demonstrate what domestic violence is on my own clients - simply giving them a shove in the shoulder or pushing them out of the way is "unwanted contact" The bar is quite low and if my client was present and we don't have a mistaken identity (not happening when there is a domestic relationship) it seems like it would be impossible to win a domestic violence trial. The most common ways to win a DV trial are the following: 1. The victim does not want to testify (prosecutor then dismisses) or they don't want to testify (prosecutor doesn't dismiss) but the jury or judge have a difficult time convicting when the victim is denying anything happened. 2. Self-defense or reasonable response Going to focus more on the reasonable response; the Michigan Jury Instructions for domestic violence, specifically M Crim JI 17.24a states (1) The defendant has raised the defense that [his / her] conduct was a reasonable response to an act of domestic violence. The defendant has the burden of proving this defense. To satisfy this burden, the evidence must persuade you that it is more likely than not that [his / her] conduct was a reasonable response to an act of domestic violence, given all of the facts and circumstances known to[him / her] at the time. (4) If the defendant has proved that [his / her] conduct was a reasonable response to an act of domestic violence in light of the facts and circumstances known to [him / her] at the time, you must find [him / her]not guilty of _________. If [he / she] has failed to prove this defense, [his / her] defense that [his / her] conduct was a reasonable response to an act of domestic violence fails. What all this legal language means is if someone is charged with domestic violence, a judge or jury gets to hear what they did from all witnesses and decide if that was reasonable. That reasonableness is not defined, but up to the jury or judge to decide. Here are two clear examples, which aren't always the case - it's usually more grey area. Scenario #1 1. Defendant claims the victim yelled at him about not paying the bills, and at one point pushed him and told him he was a no good husband. Victim admits to doing this on the stand, but then says the defendant punched her in the face multiple times and kicked her on the ground. Defendant claims he was pushed and victim was trying to push him a second time so he reacted. Scenario #2 1. Victim and defendant both admit to a verbal fight over bills not being paid. Victim claims she was shoved by the defendant and pushed out of the way, and she was afraid of the defendant. Defendant admits he shoved the victim, but claims the victim was cornering him and removed himself out the situation by pushing victim out of the way. In scenario #1 it is probably not reasonable to punch and kick someone as a response to pushing and yelling. In scenario #2, if there is a lot of mutual contact and the defendant simply wants to get away, admitting to pushing someone out of the way may technically be "unwanted touching" but is COULD BE reasonable within that moment. In Michigan, scenario #2 may offer the defendant a good defense to the domestic violence charges. The caveat being trial is always risky and alternative options should always be discussed prior to rolling the dice on your future. As a former prosecutor, I worked on hundreds of domestic violence cases. I've taken that experience, and now help clients accused of this serious crime as a defense attorney.
The first thing we need to do is understand and acknowledge the perception of our audience. This includes the prosecutor, judge, police and the general public. I include the general public, because domestic violence cases go to trial more than most criminal charges, and having a jury of your peers decide your case comes with many pros and cons. I don't condone violence against family members or loved ones. I take on these types of cases, because despite a serious criminal charge, the accused deserves to execute their rights in the criminal justice system. If the client is falsely accused then I help them push for their innocence; if the client broke the law and the evidence supports the charge, then we focus on getting the client the help they need to be a better person, avoid future violence and make amends to the person hurt by their actions. I tell clients all the time, it's ok if you're guilty, it doesn't make you a bad person, it doesn't mean you're going to jail, and it may not even mean having a criminal record from the incident. It's an opportunity to work on yourself, be proactive, and change the reality of who you are along with the perception of the case. In Michigan, a regular assault becomes a domestic assault when it involves a spouse, a former spouse, a person which you share a child in common, a resident or former resident of your household or a person which you have or had a dating relationship. Because of this close bond relationship, which is required, the prosecutor does not give the accused the benefit of the doubt. Anytime I speak to a prosecutor about a domestic violence charge, there's a major stink in the air. Simply by reading a 1-2 page police report, the prosecutor is convinced my client is really guilty and is ready to plead and beg for mercy from the judge. Prosecutor's, especially less experienced ones, don't bother to see both sides of the case; the majority of domestic violence cases begin with a mutual dispute, and typically two parties are at fault in the incident starting, and usually in the police getting involved. Once the incident has started, does one party break the law with a violent act, or does one person just get arrested based on who placed the call. Does the male get arrested simply due to public perception? Are their real and actual injuries (although not required) that can help us better understand the case? There's unlikely to be a video unless it happens in public, but photos taken of the parties involved, medical reports, audio from 911 calls, officer microphones while on scene and dash cam videos can be helpful. The rules of evidence for domestic violence cases provide the prosecutor additional ammo to admit certain evidence against a client if the victim/witness testifies to something different at trial than originally stated to law enforcement. As a former prosecutor, I can see the wheels spinning in their head; sure the report looks strong, but are you able to actually put this forth at trial and meet your burden? Maybe not. My clients always keep a trial on the table for domestic violence cases, because unlike most cases, a private citizen is the key witness, not a police officer, and there's probably not going to be videos, tests etc like say a drunk driving case. My clients must use this elephant in the room to their advantage. These cases usually start with people who love each other, get involved in an incident, but within 24 hours are back loving each other. Is the prosecution willing to force someone to testify if their story has changed? Are they going to issue a material witness warrant and arrest someone to testify? Along with this leverage, my clients have to create leverage outside of the courtroom. We understand the perception of my client. and the uncertainly that the charges bring for my client in the mind of the prosecutor and judge. Is my client a dangerous person? Should they be locked up? Should they have to avoid the person and the place where this happened? No matter what the actual answer to those questions are, we lean toward acknowledging that these are not worth fighting over at the moment, we simply get to work to show they aren't true. If alcohol was involved, I get my clients on a daily testing unit to show that they are clearheaded during the case, and if alcohol was a major contributor to the incident, we put a lot of our focus on substance abuse awareness and treatment. If the evidence indicates there actually was some form of violence, we may engage in proactive anger management and/or counseling. If based on the evidence, it appears that resolution may be the best route, we may even begin an actual domestic violence program. If the parties wish to have contact, I am able to make contact with the alleged victim/witness to inform them that if they wish to provide additional information about wanting contact with my client, they can come to the next court hearing. A judge may or may not grant this request now, but my client needs the victim to agree for this to happen. If things are still red hot, I tell my client they are better off not having contact right now; the worse thing to happen is for my client to have contact, and another argument breaks out, and the cops are back at the scene. That's a potential bond violation and new charges. Each case is different, but the perception of the prosecution rarely changes for domestic violence. This is always a hot button issue for a prosecutor, which it should be, but the prosecutor has to be asked to keep an open mind and the defense must be able to play some currency when it comes to discussing positive outcomes for the client. It's quite difficult to sway a prosecutor on simply statements like: he has no record, he has a job, kids etc. This is not a low level everyday OPPS my client made a mistake. Domestic violence charges must be met with a serious response; mere allegations are enough for my client to get to work on changing the perception of the case. If charged with domestic violence in Michigan, you have the option of going to trial. Trial should be the last option if a deal cannot be worked out ahead of time or the prosecutor refuses to dismiss despite you believing you are incident of the offense charged.
Assuming we set the case for trial, a jury trial means 6 members of the community hearing testimony and deciding guilt or not guilty. A bench trial is the judge hearing the facts of the case and deciding the same question. Each has their advantages and disadvantages depending upon why we're setting it for trial. If the goal is to set the case for trial because we believe the alleged victim will not show up, and the prosecutor will not pursue the material witness warrant, we may opt for a bench trial which is quicker and less strain on the court resources - it will also be cheaper for my client. If we know the alleged victim will show, and not be helpful for the case, and we believe we did nothing wrong, we may want 6 members of the community hearing the facts and finding reasonable doubt. If charged with domestic violence in Michigan, you may be eligible for this program. Under this program the Court “may defer further proceedings and place [you] on probation . . . without entering an adjudication of guilt.” MCL 769.4a(1).
Then, “upon fulfillment of the terms and conditions [of probation], the Court shall discharge [you] and dismiss the proceedings against [you] . . . without an adjudication of guilt,” such that you do not have any “conviction . . . for purposes of [the usual] disqualifications or disabilities imposed by law upon a conviction” for Domestic Violence or Aggravated Domestic Violence (i.e. impairment of your 2nd Amendment right to bear arms, etc.). MCL 769.4a(5). As long as you complete probation successfully, the court will dismiss the case. The matter will be non-public and the only way to access the record would be if you were charged again, a prosecutor for purposes of seeing if you have a record, may review a non public record. This means an employer should not be able to see the incident. While this seems like a great outcome (it is), there are a number of ways to pursue options where you may be able to avoid probation and the chances of violating in which this would go on your record, and you would likely go to jail. The prosecutor must also agree to this deal; many prosecutors in Michigan are very picky about when this is offered, and I've had clients have to set their cases for trial, because a prosecutor refused. My proactive program has changed a lot of prosecutors minds, which may not otherwise have offered this outcome. The first impression you've made with the court, prosecutor and police is this domestic assault - they may consider you a "bad person", but you're not a bad person, especially if it was more of a mutual incident with no injuries.
I mostly work with three different clients charged with domestic violence. #1 - Client has never been in trouble, they are a good dad/mom, spouse, have a good job and a good reputation in the community. They have never hurt anyone in his life, but an isolated evening turns into a lapse in judgment and the client puts their his hands on the one he/she loves. Client regrets it and the "victim" forgives this lapse in judgment and both parties love each other and want this to go away. The "victim" is not seriously or even injured, but rather was pushed, had an item thrown in their direction, and the police were called to the scene - usually the man gets arrested. #2 - Client and "victim" are arguing; it begins verbally, sometimes alcohol is involved, there's mutual pushing, shoving, maybe some punches, kicks are thrown at each other. Neither party suffers injury, but the police are called to the scene. Both parties are at fault, but only one person, usually the man is arrested. Under both of these scenarios, we can redeem your "bad person" perception. We may be able to dismiss the case, keep the incident non-public and allow the matter to be played out among your family, and not the court. As long as your family forgives you, and doesn't thing you're a bad person going forward, well then you're not a bad person, and the judge, prosecutor and police have long forgotten about you. Yes, women are charged with domestic violence in Michigan on a regular basis. I will say that I work with 3-4x times more men, because they arrested on a more regular basis, because one, they commit the offense more, and two, the stereotype is they commit the crime more so they get arrested even though it's more of a mutual thing. Women also tend to use domestic violence and calling the police as a threat against a man in my experience.
I've also found it a bit easier to work out great deals for women due to the overwhelming male/female stereotype at the courthouse - this is good news for women clients, but not great news for male clients although there are a number of great paths to a favorable outcome for men. In a recent Michigan Incident Crime Reporting study, 90,274 incidents of domestic violence were reported; of course many were not reported. Age of offender was most frequent in the 20-29 range with 31,044 incidents with 30-39 and 40-49 coming up next. Of these offenders, 65,460 were men, making 24,788 women charged with domestic violence, over 21,000 happened between a boyfriend and girlfriend, over 11,000 deemed to be "ex" relationships and almost 11,000 were against a spouse who the defendant is currently married to. In terms of injuries, almost 33,000 DV incidents has no injury, and almost 31,000 had a minor injury. I have never represented a client who has caused anything more than a "minor" injury. I want to work with people who act in a manner, which the result is unexpected or simply goes one step too far, not to the level of purposely injuring someone severely where there's a major injury or near fatality. The counties in Michigan with the most DV incidents where I practice are the following: Genesee - 5,313 Ingham - 2,697 Jackson - 1,534 Kalamazoo - 3,270 Kent - 4,078 Macomb - 7,454 Monroe - 1,698 Washtenaw - 2,664 Wayne - 26,251 If charged with domestic violence in Michigan, you alone cannot remove a no-contact order. This order is put in place as a condition of your release from jail, because it is too early to know what happened, and in the eyes of the court, it is best that everyone cools off, and there is no additional contact. This may seem extreme to someone who has never been in trouble, had one too many drinks, got into a fight with their wife and the police were called. Now you are banned from your home, your possessions, kids and lifestyle.
If a client desires to remove this order, we discuss it with the prosecutor and the judge - if the "victim" is agreeable to lifting it, the judge will weigh the options. Sometimes a judge does not want contact during the pendency of the case in fear that the person charged will convince the alleged victim to drop the charges or apply pressure at home. While this may or may not be true, the judge isn't quite sure what will happen, so some judges will keep it in place until the case is resolved and the question of the victim cooperating is no longer up in the air. Many judges will drop the order if both parties want contact on day one, but there's a few that will not do that, and it's in their discretion. No matter the judge, if my client is proactive from day one with alcohol/drug testing and in counseling already, we have more currency to use in our requests - sometimes seeking permission to have contact to allow couples counseling is a way to begin the process of bringing things back together. If charged with domestic violence in Michigan, you could be testing for drugs or alcohol during your case while pending, and again while on probation. This will almost be a guarantee if alcohol was involved and the police cite it in the police report. In this situation, I would have my client testing in advance of court and simply inform the judge about the testing. The judge will be impressed, and we can usually keep the same testing in place - the location, amount and the process of doing it (PBT, soberlink, ETG etc)
Can I still be charged with domestic violence in Michigan even though the person was not injured?5/11/2017
Yes, injury is not a requirement of domestic violence in Michigan. If an injury occurs which requires medical attention, it is aggravated domestic violence which is a more serious charge. A simple straight forward domestic violence simply requires a battery or assault against another without their permission.
This means a push, a shove, a kick, throwing a newspaper, the remote, a wine bottle are all domestic violence. It even means putting someone in the corner, yelling at them and making that person think they are about to be struck can be domestic violence too. I handle a lot of cases where the extent of the contact is pushing and shoving and it's going both ways, but my client is still arrested. It's up to the "victim" to tell the truth and state it was mutual and not one sided, which is still not a true defense for my client, but a factor which should lead to a more favorable offer and outcome. My clients are shocked when I tell them simply pushing your spouse against their will is a crime. If they called the police then it's a good bet something was against their will. Many times my clients tell the police "we were pushing each other" or "yes i shoved her but she was trying to do X to me" - those admissions are just as incriminating as telling the cop that you punched your wife right in the nose - they are both domestic violence. In Michigan there are two types of misdemeanor domestic violence with different penalties. The most common is domestic assault/violence, which is to assault or batter any person in a domestic relationship with you. The victim need not be injured for the prosecutors to bring a domestic assault charge.
A first offense is a misdemeanor, punishable by up to 93 days in jail, up to a $500 fine, or both. A second offense is also a misdemeanor, punishable by up to 1 year in jail, up to a $1,000 fine, or both. Along with the misdemeanors, you could be charged with a felony if this is your third offense. A third offense is punishable by up to 2 years in prison, up to a $2,500 fine, or both. The next domestic violence misdemeanor is aggravated domestic assault would result from an assault on someone in a domestic relationship without the use of a weapon. Such an assault would cause a serious or aggravated injury requiring medical attention for the victim. If a weapon was used to cause the injury, that would elevate the crime to felonious assault, a felony regardless of whether it was a first or subsequent offense. An aggravated assault first offense is a misdemeanor, punishable by up to 1 year in jail, a $1,000 fine, or both. A second offense is a felony, punishable by 2 years in prison, a fine of up to $2,500, or both. Jail and prison are worst case scenarios and not common for first offenses, what is more common is probation from 12 to 24 months with community service, counseling, anger management, a special domestic violence program, fines, costs, alcohol and drug testing etc. The good news is that my clients avoid many of these sentencing parts because they are proactive from day one, which helps eliminate requirements of probation, including the length, and usually allows my client more flexibility while on probation for travel requests etc. |
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Representing clients charged with a Domestic VIolence in Ann Arbor, Canton, Brighton, Howell, Saline, Adrian, Taylor, Plymouth, Northville, Westland, Ypsilanti, Pittsfield Towsnhip, Warren, Sterling Heights, Farmington, Pontiac, Romulus, Lansing, Novi, South Lyon, Southfield, Birmingham, Bloomfield Hills, Royal Oak, Troy, Rochester, Jackson, East Lansing, Garden City, Livonia, Dearborn, Detroit, St Clair Shores, Hazel Park, Ferndale, Madison Heights, Waterford, Milford, Shelby Township Clarkston, Oak Park, Berkley, Fraser, Sterling Heights, Clinton Township and others throughout Washtenaw, Wayne, Monroe, Jackson, Genesee, Macomb, Ingham, Lenawee, Livingston and Oakland County. |