A Sophisticated Defense For Lapeer Assault Or Domestic Violence Charges
There are always two sides to the story, but when police are called, the alleged victim gets the benefit of the doubt. That triggers a chain of events that put the accused on the defensive and at a disadvantage.
At Jocuns Law Firm, I can help to level the playing field and be your voice in a situation that seems stacked against you. I regularly defend people charged with assault, aggravated assault, domestic assault and related crimes. My team and I also help clients address the collateral issue of personal protection orders.
Fighting Assault Charges And Related Crimes In Lapeer, Michigan
I am Bernard Jocuns, a Lapeer criminal defense lawyer with over 20 years of experience advocating for the accused. I do not simply walk my clients through a plea process. I strive to provide a real defense. I understand what is at stake, and I know that assault charges are often overblown and overcharged.
I have defended all levels of assault crimes and related charges:
- Simple assault (threat of violence)
- Assault and battery (physical contact)
- Aggravated assault (serious injury)
- Domestic assault and aggravated domestic assault
- Felonious assault (use of a dangerous weapon)
- Assault with intent to cause great bodily harm
- Attempted murder
Assault and aggravated assault are misdemeanors but carry the possibility of up to one year in jail. Felonious assault, assault with great bodily harm and assault with intent to commit murder are felony crimes punishable by five years up to life in prison.
I examine every detail of the case for opportunities to challenge the allegations. Who or what instigated the altercation? Does the alleged victim have a reason to fabricate or exaggerate the accusations? Are the injuries less serious than claimed? Was it self-defense? Was there an intent to cause bodily harm or were the injuries unintentional? And so on.
I will make sure that your side of the story is heard, at trial before a judge or jury if necessary. I am a courtroom veteran who knows how to cast reasonable doubt in these high-stakes cases.
Consequences Of Domestic Violence And Protection Orders
Domestic violence is treated very seriously. In many ways, you are presumed guilty until proven innocent. Law enforcement will typically make an arrest of one party (if not both) when summoned to a domestic altercation. The accused may be jailed and, upon release, not allowed to return to a shared residence or have any contact with the alleged victim. The prosecutor will often file assault charges whether or not the victim wishes to press charges.
Domestic assault is assault and battery against a spouse or former spouse, a dating partner, a person you share a child with, or any member of your household such as a sibling, child or parent. A first offense of domestic assault is punishable by up to 93 days in jail. A second conviction carries up to a year in jail and a third offense can result in up to two years in jail. A charge of aggravated domestic assault (serious injuries requiring medical attention) is punishable by up to a year in jail on the first offense and a second offense is a felony with up to two years in jail.
I will listen to your side of what happened and explore all possible defenses, including self-defense, mutual assault and ulterior motives of the accuser such as revenge or leverage in a divorce or child custody matter.
The court will typically issue a temporary protection order upon an arrest for domestic violence, without your knowledge or opportunity to object. However, there will be a hearing on whether to continue the temporary one with a permanent Personal Protection Order (PPO). These events are fast-moving and very stressful, but it is critical to comply with the court’s terms. Violating a personal protection order is a misdemeanor punishable by up to three months in jail (in addition to whatever punishment may apply for the assault charges). I will represent you in the PPO hearing to argue that it is unnecessary or to make it less restrictive.
FAQ: Michigan Domestic Assault And Violence
Domestic violence allegations in Michigan can trigger immediate and long-term consequences that affect many areas of life. Below, I speak to common concerns the accused often face after an arrest or charge.
How does domestic violence impact gun rights in Michigan?
A domestic violence charge can affect firearm rights at the state and federal levels. Michigan courts often issue a no-contact order or a personal protection order after an arrest. In turn, this prohibits possessing or purchasing a firearm while the orders remain in effect.
Federal law bars anyone convicted of a misdemeanor crime of domestic violence from owning or buying a gun unless the conviction is later set aside. Even a pending case can lead to temporary restrictions, and a conviction can create long-term or permanent firearm barriers.
Can domestic assault charges be dropped before going to court?
Domestic assault cases in Michigan are prosecuted by the state, not the alleged victim. If the complaining person wants the case dismissed, prosecutors may continue if they have enough evidence to proceed.
A defense lawyer can evaluate the strength of the allegations, identify weaknesses in the state’s case and present information that may persuade the prosecutor to reduce or dismiss charges. Early intervention is critical to mitigate the situation well before the first court date.
Can I return to my home after a domestic violence arrest?
Most individuals arrested for domestic violence are subject to an immediate no-contact order that prevents a return to a shared residence and bars communication with the alleged victim. Courts issue these orders to stabilize the situation while a case is pending, and violating them can lead to additional criminal charges.
Your attorney can request modifications when appropriate, such as arranging a supervised property retrieval or seeking permission to return home if the court determines it is safe. Any change must be approved by the judge before you act.
How long do assault charges stay on your record in Michigan?
A domestic assault conviction can remain on your criminal record indefinitely. Michigan allows certain first-offense domestic violence convictions to be set aside under specific conditions. However, eligibility is limited and the process is not automatic. More serious assault convictions, including aggravated domestic assault or repeat offenses, may not qualify for expungement.
Unfortunately, even dismissed charges can appear on background checks unless formally sealed. As a defense lawyer, I can review your history to determine whether expungement or other record-clearing options may be available.
Contact A Proven Lapeer, Michigan, Criminal Defense Lawyer
I always try to put myself in the shoes of the accused. I understand that an assault or domestic violence conviction can affect your freedom, your employment and your family life, with many future repercussions. At Jocuns Law Firm, I will do everything in my power to prevent a conviction or soften the consequences.
I practice in Lapeer, Genesee, Tuscola and Sanilac counties, Oakland county, and I have defended clients in high-profile assault cases throughout Michigan. Start with a free consultation by calling my law office at 810-498-2772, or contact me online.