Email       Phone       Livonia       Detroit       Metro Airport      

Domestic Violence 3rd Offense in Livonia Michigan - Domestic Violence, 3rd Offense under 750.81 in 16th District Court Livonia, Michigan is a Class G felony that carries up to 24 months in prison.

If you are charged with Domestic Violence 3rd Offense in Livonia, Michigan, you need the help of an experienced Livonia criminal defense attorney. I can provide you with nearly 20 years of experience and a willingness to fight and take cases to trial.

Domestic Violence, 3rd Offense is a class G felony that carries up to 2 years in prison (24 months). If you are arrested and charged with Domestic Violence 3rd Offense, your first court appearance will be an arraignment in the 16th District Court in Livonia, Michigan. Learn more about an arraignment now. At the arraignment, your case will be scheduled for a probable cause conference and a preliminary examination. Bond will also be addressed at the arraignment. The probable cause conference must be scheduled within 7 to 14 days of the arraignment with the preliminary examination scheduled within 5 to 7 days after the probable cause conference.

Following the preliminary examination, further proceedings are held in the Wayne County Circuit Court at the Frank Murphy Hall of Justice in downtown Detroit. If there is virtually any evidence supporting the prosecutor's case, it is extremely likely that the matter will be bound over in the district court. Nonetheless, I almost always challenge cases at the preliminary examination because it is the best opportunity that the defense is presented for challenging the evidence and developing the facts that will support defenses in the circuit court. DO NOT WAIVE THE PRELIMINARY EXAMINATION WITHOUT MAKING AN INFORMED DECISION.

The charge of Domestic Violence 3rd Offense is detailed in the Michigan compiled laws, MCL 750.81(4). The provisions of MCL 750.81 state:

(1) Except as otherwise provided in this section, a person who assaults or assaults and batters an individual, if no other punishment is prescribed by law, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

 

(2) Except as provided in subsection (3) or (4), an individual who assaults or assaults and batters his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

 

(3) An individual who commits an assault or an assault and battery in violation of subsection (2), and who has previously been convicted of assaulting or assaulting and battering his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household, under any of the following, may be punished by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both:

 

(a) This section or an ordinance of a political subdivision of this state substantially corresponding to this section.

 

(b) Section 81a, 82, 83, 84, or 86.

 

(c) A law of another state or an ordinance of a political subdivision of another state substantially corresponding to this section or section 81a, 82, 83, 84, or 86.

 

(4) An individual who commits an assault or an assault and battery in violation of subsection (2), and who has 2 or more previous convictions for assaulting or assaulting and battering his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household, under any of the following, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both:

 

(a) This section or an ordinance of a political subdivision of this state substantially corresponding to this section.

 

(b) Section 81a, 82, 83, 84, or 86.

 

(c) A law of another state or an ordinance of a political subdivision of another state substantially corresponding to this section or section 81a, 82, 83, 84, or 86.

 

(5) This section does not apply to an individual using necessary reasonable physical force in compliance with section 1312 of the revised school code, 1976 PA 451, MCL 380.1312.

 

(6) As used in this section, dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.

Domestic Violence 3rd Offense under Michigan sentencing guidelines is scored under crimes against a person (Person). Under the guidelines, a person who is convicted of Domestic Violence, 3rd Offense with no prior record and no aggravating factors looks to the low end of the guidelines which call for up to 3 months. With no prior criminal record but horrible facts, the defendant can face 9 months. With a terrible criminal record and terrible facts, the accused can be looking at 23* months under the guidelines.

The jury instructions set forth the following elements for Domestic Violence, 3rd Offense that must be proven beyond a reasonable doubt by the prosecuting attorney:

M Crim JI 17.2a Domestic Assault

(1) The defendant is charged with the crime of domestic assault. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant [assaulted / assaulted and battered] [name complainant]. A battery is the forceful, violent, or offensive touching of a person or something closely connected with him or her. The touching must have been intended by the defendant, that is, not accidental, and it must have been against [name complainant]'s will. An assault is an attempt to commit a battery or an act that would cause a reasonable person to fear or apprehend an immediate battery. The defendant must have intended either to commit a battery or to make [name complainant] reasonably fear an immediate battery. [An assault cannot happen by accident.] At the time of an assault, the defendant must have had the ability to commit a battery, or must have appeared to have the ability, or must have thought [he / she] had the ability.

(3) Second, that at the time [name complainant]: [Select one or more of the following:]

(a) was the defendant's spouse

(b) was the defendant's former spouse

(c) had a child in common with the defendant

(d) was a resident or former resident of the same household as the defendant

(e) was a person with whom the defendant had or previously had a dating relationship. A dating relationship means frequent, intimate association primarily characterized by the expectation of affectional involvement. It does not include a casual relationship or an ordinary fraternization between two individuals in a business or social context.

I can't emphasize enough how important it is to focus on the jury instructions while preparing a defense to the offense of Domestic Violence 3rd Offense. While there are a number of defenses to Domestic Violence, 3rd Offense that we can explore during a consultation, the elements contained in M Crim JI 17.02a provide a roadmap for defending the case. This is true in almost every single case, and really great defense attorneys focus early on these jury instructions.

As a cautionary note, you might be completely innocent but still face criminal charges. Even worse, you might be denied bail, forced to spend months in jail before you are vindicated. I have seen many cases where a truly innocent client is baffled, angry and scared, completely unable to understand why police and prosecutors are gunning to get a conviction. So long as probable cause is established at the preliminary examination, then the matter will be bound over for trial in the 3rd Circuit Court for the County of Wayne and further proceedings will be held in the Frank Murphy Hall of Justice in downtown Detroit. This is why it is so important that you contact an experienced Livonia criminal defense attorney to help you defend against criminal charges in the 16th District Court.

*represents an aberration under the guidelines that might result in county jail time or violate the 2/3rd maximum minimum rules under the guidelines, which is something that must be discussed with your attorney.

Call now for immediate help! (734) 591-0100

William Maze is an established Livonia Michigan attorney in Wayne County Michigan, and he has represented well over a thousand satisfied criminal defense clients across the state.  He has received multiple awards and recognitions, and he maintains a national reputation as one of the leading drunk driving defense attorneys in the country.  

  • Extensive training and education far beyond the average lawyer
  • Actually fights cases and is willing to go to trial
  • Past President of CDAM (2014-2015), the Criminal Defense Attorneys of Michigan
  • Member of the National College for DUI Defense
  • Member of the National Association of Criminal Defense Lawyers