Domestic Violence - Serious Consequences!
Posted on Nov 6, 2011 8:55am PST
Domestic violence is a special form
Assault and Battery that can carry extreme consequences. If you are charged with this offense you shoud seek the advice of an experienced Flint
criminal defense attorney immediately. I can't tell you how many people call me after they go to court for this charge in Genesee County without an attorney and think it's no big deal only to find out months later that they had no idea what they were doing and that the conviction and it's resulting consequences could possibly have been avoided. By this time, it's usually too late.
Domestic violence is usually charged for an assault and battery against someone with whom you have a domestic relationship such as a spouse, girlfriend or boyfriend, or a child when you live in the same household. Even if you don't have that relationship, you can still be charged with this offense if you have a child in common with the victim. This offense involves the harmful or offensive unwanted touching of the victim. There is also an offense called Cruelty to Spouse-Nonviolent which can be charged even if there was no actual physical contact.
The consequences for a domestic violence conviction can be severe and because this offense is considered violent or assaultive in nature it should be avoided at all costs. In some cases, this conviction can lead to loss of employment depending on the occupation. Also, if you own any guns or have a Concealed Pistol License, or are required to carry a firearm for your job, you should retain a criminal defense lawyer immediately. This offense can preclude you from buying, owning or possessing a firearm. If you are a police officer or in the military then the implications are obvious.
Often times, a skilled criminal defense attorney will be able to assist you in providing options that prevent you from having this conviction on your record. Some people think that if the victim doesn't want to press charges that the case will be dropped. This is not true. Once the state and the prosecutor pick up the charges it is their choice whether to proceed or not. There are special court rules that allow a prosecutor to proceed to trial on this charge even if the victim doesn't come to court to testify.