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750.136b Definitions; child abuse charges; degrees; penalties; exception; affirmative defense.

Sec. 136b.

(1) As used in this section:

(a) "Child" means a person who is less than 18 years of age and is not emancipated by operation of law as provided in section 4 of 1968 PA 293, MCL 722.4.

(b) "Cruel" means brutal, inhuman, sadistic, or that which torments.

(c) "Omission" means a willful failure to provide food, clothing, or shelter necessary for a child's welfare or willful abandonment of a child.

(d) "Person" means a child's parent or guardian or any other person who cares for, has custody of, or has authority over a child regardless of the length of time that a child is cared for, in the custody of, or subject to the authority of that person.

(e) "Physical harm" means any injury to a child's physical condition.

(f) "Serious physical harm" means any physical injury to a child that seriously impairs the child's health or physical well-being, including, but not limited to, brain damage, a skull or bone fracture, subdural hemorrhage or hematoma, dislocation, sprain, internal injury, poisoning, burn or scald, or severe cut.

(g) "Serious mental harm" means an injury to a child's mental condition or welfare that is not necessarily permanent but results in visibly demonstrable manifestations of a substantial disorder of thought or mood which significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.

(2) A person is guilty of child abuse in the first degree if the person knowingly or intentionally causes serious physical or serious mental harm to a child. Child abuse in the first degree is a felony punishable by imprisonment for life or any term of years.

(3) A person is guilty of child abuse in the second degree if any of the following apply:

(a) The person's omission causes serious physical harm or serious mental harm to a child or if the person's reckless act causes serious physical harm or serious mental harm to a child.

(b) The person knowingly or intentionally commits an act likely to cause serious physical or mental harm to a child regardless of whether harm results.

(c) The person knowingly or intentionally commits an act that is cruel to a child regardless of whether harm results.

(4) Child abuse charges in the second degree are a felony punishable by imprisonment as follows:

(a) For a first offense, not more than 10 years.

(b) For a second or subsequent offense, not more than 20 years.

(5) A person is guilty of child abuse in the third degree if any of the following apply:

(a) The person knowingly or intentionally causes physical harm to a child.

(b) The person knowingly or intentionally commits an act that under the circumstances poses an unreasonable risk of harm or injury to a child, and the act results in physical harm to a child.

(6) Child abuse in the third degree is a felony punishable by imprisonment for not more than 2 years.

(7) A person is guilty of child abuse in the fourth degree if any of the following apply:

(a) The person's omission or reckless act causes physical harm to a child.

(b) The person knowingly or intentionally commits an act that under the circumstances poses an unreasonable risk of harm or injury to a child, regardless of whether physical harm results.

(8) Child abuse in the fourth degree is a misdemeanor punishable by imprisonment for not more than 1 year.

(9) This section does not prohibit a parent or guardian, or other person permitted by law or authorized by the parent or guardian, from taking steps to reasonably discipline a child, including the use of reasonable force.

(10) It is an affirmative defense to a prosecution under this section that the defendant's conduct involving the child was a reasonable response to an act of domestic violence in light of all the facts and circumstances known to the defendant at that time. The defendant has the burden of establishing the affirmative defense by a preponderance of the evidence. As used in this subsection, "domestic violence" means that term as defined in section 1 of 1978 PA 389, MCL 400.1501.

If you are facing child abuse charges in any West Michigan court, please call us today at 616-438-6719.

Our Criminal Defense Lawyers in West Michigan Proudly Serve: Kent County, Ottawa County, Allegan County, Ionia County, Barry County, Berrien County, Mason County, Manistee County, Mecosta County, Oceana County, Muskegon County, Montcalm County, Newaygo County, Kalamazoo County, Lake County, Van Buren County, and the City of Grand Rapids, Michigan.

Our Grand Rapids Criminal Lawyers Also Proudly Serve The West Michigan Cities Of: Grand Rapids, Holland, Allendale, Wyoming, Kentwood, Grandville, Walker, Hudsonville, Grand Haven, Coopersville, Spring Lake, Ionia, Hastings, Stanton, White Cloud, Newaygo, Zeeland and Allegan.

Unarmed Robbery and Theft Crimes in Grand Rapids and West Michigan

Theft crimes or a robbery conviction will destroy your reputation. If you work with an experienced West Michigan attorney for your unarmed robbery or armed robbery charge, you can stay out of jail and avoid the life-changing penalties that could result from a conviction. Our Grand Rapids Criminal Lawyers at The Criminal Defense Law Center of West Michigan provide aggressive criminal defense, and experienced lawyers who will work with you to get the results you want! Our theft crimes lawyers won’t judge you. Our theft crimes lawyers will be with you every step of the way.

Our Grand Rapids Criminal Lawyers represent clients faced with a variety of criminal charges, including:

Felony Retail Fraud
Embezzlement
White Color Crimes
Misdemeanor Theft
Armed Robbery
Unarmed Robbery
Shoplifting
Retail Fraud 1st – 3rd Degree
Running a Criminal Enterprise
Robbery cases can result in a felony conviction in West Michigan. If you have been accused of stealing or robbing someone in Grand Rapids, Michigan, hire a lawyer from The Grand Rapids Criminal Lawyers of The Criminal Defense Law Center of West Michigan as soon as possible to begin building a powerful defense.

Unarmed robbery charges in Michigan pack powerful penalties for convictions and guilty pleas. Our Grand Rapids Criminal Lawyers know how to win unarmed robbery cases and armed robbery cases. When you work with our Grand Rapids Criminal Lawyers you can rest easy knowing your lawyers will work hard and fight for your rights in your armed or unarmed robbery charges.

We are committed to criminal defense in Grand Rapids and all West Michigan cities and counties. Our West Michigan criminal lawyers will not rest until you have achieved the results you deserve when you are facing robbery or unarmed robbery charges.

Our Criminal Defense Lawyers in West Michigan Proudly Serve: Kent County, Ottawa County, Allegan County, Ionia County, Barry County, Berrien County, Mason County, Manistee County, Mecosta County, Oceana County, Muskegon County, Montcalm County, Newaygo County, Kalamazoo County, Lake County, Van Buren County, and the City of Grand Rapids, Michigan.

Our Grand Rapids Criminal Lawyers Also Proudly Serve The West Michigan Cities Of: Grand Rapids, Holland, Allendale, Wyoming, Kentwood, Grandville, Walker, Hudsonville, Grand Haven, Coopersville, Spring Lake, Ionia, Hastings, Stanton, White Cloud, Newaygo, Zeeland and Allegan.

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Shoplifting

Attorney Shawn Haff represents those who are accused of Shoplifting. You can rest easy knowing that the lawyers of The Criminal Defense Law Center of West Michigan have a good understanding of the law and how to work the legal process to you the best results possible.

Retail Fraud is one of the most common criminal offenses in the State of Michigan. Retail Fraud is commonly referred to as shoplifting. The consequences for a shoplifting conviction in Michigan include jail time, prison, extensive probation, community service, therapy, drug and alcohol testing and fines and costs. Attorney Shawn Haff is Grand Rapids Criminal Lawyer in West Michigan has the experience you need in defending clients from retail fraud charges all across West Michigan. Shawn will fight hard to get your charges dismissed when possible.

What is Shoplifting?

For a prosecutor to prove the charge of shoplifting several elements must be proven beyond a reasonable doubt.

The prosecutor must prove that the defendant took control of the property a store offered for sale.
The Prosecutor must show that the defendant moved the property.
The Prosecutor must prove the collective value of the property in question.
The Prosecutor must prove the defendant intended to steal the property.
If the Prosecutor can prove the value of the property stolen was $1,000 or more, the charge is First Degree Retail Fraud which is a felony. The defendant can receive a prison sentence. If the value was $200 or more but less than $1,000 the offense is Second Degree Retail Fraud. This is a misdemeanor and is punishable by a maximum sentence of 1 year in jail. finally if the value is less than $200, the offense is Retail Fraud in the third degree which is punishable by 93 days in jail.

What would otherwise be a retail fraud third or second degree can be enhanced to a retail fraud first degree if the defendant has prior retail fraud convictions.

Will I Have To Do Jail Time?

The Grand Rapids Criminal Lawyers of The Criminal Defense Law Center of West Michigan get asked this question all the time during consultation with potential clients in retail fraud cases. The answer to this question is complex and dependent on many factors but the vast majority of the time The Grand Rapids Criminal Lawyers, West Michigan keep their clients from doing any jail or prison time in retail fraud cases.

When you first call our Grand Rapids Criminal Lawyers, we will want to know about your past, and if you have a criminal record. From there, we will want to know where this happened and who was involved. Next, we will order all of the police reports and evidence in your case. We will try to track down any video and audio and if necessary will get a private investigator to help build your various defenses. We will try to win your case with a dismissal or by getting a not guilty verdict at trial. If those are your best options, we will work on getting our clients the best plea deal possible.

Don’t wait to talk to a criminal defense lawyer if you are facing retail fraud charges! Call Shawn at The Criminal Defense Law Center of West Michigan today at 616-438-6719!

Our Criminal Defense Lawyers in West Michigan Proudly Serve: Kent County, Ottawa County, Allegan County, Ionia County, Barry County, Berrien County, Mason County, Manistee County, Mecosta County, Oceana County, Muskegon County, Montcalm County, Newaygo County, Kalamazoo County, Lake County, Van Buren County, and the City of Grand Rapids, Michigan.

Our Grand Rapids Criminal Lawyers Also Proudly Serve The West Michigan Cities Of: Grand Rapids, Holland, Allendale, Wyoming, Kentwood, Grandville, Walker, Hudsonville, Grand Haven, Coopersville, Spring Lake, Ionia, Hastings, Stanton, White Cloud, Newaygo, Zeeland and Allegan.

Federal Charges

If you are being investigated or arrested by federal law enforcement agencies, you are facing serious criminal charges. You need to talk to Shawn from The Criminal Defense Law Center of West Michigan as soon as possible if you are facing a federal charges such as:

drug trafficking
federal internet crimes
Federal Tax Fraud
Welfare Fraud
Medicate Fraud
Social Security Fraud
Bank Fraud
Mortgage Fraud
Mail or Wire Fraud

The Criminal Defense Law Center of West Michigan will provide you with fierce criminal defense for federal charges. We have the tools needed to get you the best results possible on your federal charges and we won’t charge you an arm and a leg like other lawyers do to defend you on your federal charges. If you are facing federal charges, our Grand Rapids Federal Criminal Defense Lawyers, can help you today at 616-438-6719.

Federal Charges Are Tough

Federal charges could result in you facing serious penalties. Located in Grand Rapids, The Criminal Defense Law Center of West Michigan can protect you from federal authorities such as the FBI, IRS and the DEA. Federal drug charges can result in fines that reach millions of dollars and prison time. If a person already has a drug offense on their record, a person could be facing life in prison for an interstate trafficking charge.

If a person is charged with tax fraud or tax evasion, they could face up to a $25,000 dollar fine and a year in prison for each year a tax return was not received. A wise person would call The Criminal Defense Law Center of West Michigan if they are ever charged with federal tax fraud or evasion at 616-438-6719.

Federal Criminal Defense Lawyers In Grand Rapids and West Michigan
Racketeering has a broad definition. Any activity that involves being involved with an illegal organization is referred to as racketeering. Racketeering is a felony at the federal level that is pursued under the Racketeer Influenced and Corrupt Act (RICO), resulting in fines, restitution and prison time if convicted.

In addition to the harsh criminal penalties for RICO charges, which are handled at the federal level, any assets that were gained through racketeering must be forfeited. Additionally the plaintiff may be able to obtain compensation for attorney fees and additional damages depending on the circumstances of the case.

The original intent of the Racketeer Influenced and Corrupt Organizations Act was to fight Mafia crimes. Today, it is much more frequently used as a tool by prosecutors to go after white collar criminals. RICO charges are often brought in cases involving federal charges relating to white collar crimes such as:

Credit card fraud
Counterfeiting
Money laundering
Insurance fraud
Billing fraud
Federal conspiracy
Facing Federal Charges?

With so much at stake personally and professionally, including a sentence of twenty years in a federal prison, it is in your best interest to talk to Shawn at The Criminal Defense Law Center if you ever face federal charges at 616-438-6719

Our Criminal Defense Lawyers in West Michigan Proudly Serve: Kent County, Ottawa County, Allegan County, Ionia County, Barry County, Berrien County, Mason County, Manistee County, Mecosta County, Oceana County, Muskegon County, Montcalm County, Newaygo County, Kalamazoo County, Lake County, Van Buren County, and the City of Grand Rapids, Michigan.

Our Grand Rapids Criminal Lawyers Also Proudly Serve The West Michigan Cities Of: Grand Rapids, Holland, Allendale, Wyoming, Kentwood, Grandville, Walker, Hudsonville, Grand Haven, Coopersville, Spring Lake, Ionia, Hastings, Stanton, White Cloud, Newaygo, Zeeland and Allegan.

Federal Child Pornography Charges

Every day people are shocked when they see federal child pornography charges are brought against politicians, judges, teachers, coaches, pastors and doctors. Federal child pornography charges can be easy for the FBI or other members of law enforcement to investigate. They find illegal images on a person’s computer that are traced to their IP address. Once this is done, a search warrant is issues and then executed. Child pornography is then more than likely found on the individual’s computer. To make matters worse, the person who has been caught with child pornography will try to explain it all away.

In federal child pornography charges, a person can rest assured that a prosecutor will seek a high sentence: many years in prison. State charges for child pornography are generally lighter than federal charges. Federal child pornography charges carry a mandatory minimum sentence. If you are facing federal child pornography charges, you want to mitigate the damages. Mitigation assumes you aren’t innocent of the charges though. You must right away do the following things: do not speak to federal agents, police or prosecutors. Next, you need to seek out The Criminal Defense Law Center of West Michigan. We have the experience of handling child pornography cases. Once you retain us, follow our advice!

Federal Child pornography charges

Rest assured, Federal law enforcement agencies want to hammer those who put child porn on-line and those who possess it. Pretty much everything you do on the Internet is recorded. Any interaction a person has with with a website or someone online can be turned over to law enforcement. In some cases, the person you are dealing with might be an undercover agent. If the U.S. Customs (Department of Homeland Security), the F.B.I. or a U.S. Postal Inspector contact you about your “internet use” you better not talk with them. You should call The Criminal Defense Law Center of West Michigan asap! The federal government will almost always try to get a confession and then a search warrant before they decide to take a case to court. If you don’t talk to the feds, there is a chance no charges will be brought against you. So do not talk to them!

Cases involving transmission of child pornography (emailing a single image to an undercover agent) will land you a mandatory minimum five-year sentence in federal prison. The maximum range is ten years to life imprisonment.

Under federal law, a person may not possess, distribute, copy, or advertising of images containing sexual depictions of minors. A federal conviction for possession of child pornography can land a person in prison sentence for five to twenty years, and up to fourty years if the person has been convicted before.

The state or federal government can prosecute child pornography cases. The prosecution of federal child pornography has risen rapidly over the past ten years:

NUMBER OF FEDERAL CHILD PORNOGRAPHY CARGES FILED BY YEAR

1995 2000 2005 2009 2010 2011 2012 2013

86 462 1,112 1,826 1,692 1,797 1,645 1,769

If you or anyone you know is charged with or under investigation for a federal child pornography offense, it is extremely important to call The Criminal Defense Law Center of West Michigan at 616-438-6719 and ask for Shawn! An experienced Michigan federal criminal defense attorney can protect your rights.

One of the first things The Criminal Defense Law Center of West Michigan will do is see if there is a challenge to seizures or searches done by the federal government. A search without a warrant has probably violated the Fourth Amendment of the US Constitution. Search warrants can be illegal if the officer lied and this lie was needed to obtain the warrant. This means all of the evidence can potentially repressed.

ELEMENTS OF A FEDERAL CHILD PORNOGRAPHY CHARGES

The government must prove the following elements in order to win the case:

knowingly possesses
any image
that contains child pornography, and
the image moved interstate commerce or was made by items that moved in interstate commerce.
If the government can prove all of those elements, the jury will be instructed to find the person accused guilty. If the government is not able to prove all these elements, the jury will be instructed to find the accused not guilty.

In ending, do not talk to law enforcement agents and do not allow them to search! Use Your rights! Call Shawn at The Criminal Defense Law Center of West Michigan today at 616-438-6719!

Our Grand Rapids Criminal Defense Lawyers in West Michigan Proudly Serve: Kent County, Ottawa County, Allegan County, Ionia County, Barry County, Berrien County, Mason County, Manistee County, Mecosta County, Oceana County, Muskegon County, Montcalm County, Newaygo County, Kalamazoo County, Lake County, Van Buren County, and the City of Grand Rapids, Michigan.

Our Grand Rapids Criminal Defense Lawyers Also Proudly Serve The West Michigan Cities Of: Grand Rapids, Holland, Allendale, Wyoming, Kentwood, Grandville, Walker, Hudsonville, Grand Haven, Grandville, Coopersville, Spring Lake, Ionia, Hastings, Stanton, White Cloud, Newaygo, Zeeland and Allegan.

Advice

Here is free advice from The Criminal Defense Law Center of West Michigan regarding drugs charges!

Do not consent to a search of your house, property or car until you have talked to an attorney and the police obtain a warrant for it. If you are confronted by the police about drug charges, you may feel you can talk your way out of it. Do not fall for this trap! Don’t talk to police until you have an experienced defense lawyer on your side from the Grand Rapids Criminal Lawyers, West Michigan. We have seen the bad results clients have gotten from talking to police regarding their drug charges.

Our clients come to us looking for advice and for a lawyer who is willing to fight for them. We will do whatever it takes to fight for our clients rights. We will not cave in to pressure from the prosecutor to make a deal that is not in your best interest. We fight hard for all of our clients who are facing drug charges.

Drug Charges

In Michigan, if you find yourself charged with possession of cocaine, possession of heroin, or possession of methamphetamines , you are in serious legal trouble. Possession of these drugs are a felony in Michigan. The Grand Rapids Criminal Lawyers of The Criminal Defense Law Center of West Michigan believe that the last place for somebody with a drug problem is prison. However, the Michigan legislature, West Michigan Courts, and prosecutor’s seem to think the best place for someone with drug issues is behind bars.

Categorizing drugs within different classes is one of the many things the Legislature utilizes to continue justifying extreme punishments for drug related crimes. In all West Michigan courts, drugs are categorized into different classes called schedules. Schedule one drugs are considered the “worst drugs” and schedule five drugs are considered the least likely for abuse. In making the determination of what drugs belongs in what category, the legislature is supposed to analyze a drug’s actual or relative potential for abuse, it’s pharmacological effect, the history and pattern of abuse, the risk to public health, and the potential of the substance to product psychic or physiological dependence.

The reality of this analysis is that the Legislatures make decisions like marijuana being categorized as a schedule one controlled substance, sharing space with other narcotics, such as heroin. Other schedule one narcotics include Ecstasy, Codeine, Cat, Heroin, Mescaline, Peyote, Psilocyn (mushrooms) Qat, and Marijuana. Schedule two drugs include Cocaine, Opium, Amphetamines, and Methadone.

Defenses For Drug Charges

There are many defenses available to defendants who are facing drug charges such as drug possession cases. There may be constitutional issues related to investigation problems. Being experienced drug attorneys, The Grand Rapids Criminal Lawyers, West Michigan understands that the key to winning a drug case is to have an aggressive strategy from the beginning of the case. Analyzing all evidence with experts, filing motions and being extremely prepared for trial are the methods we will consider using in every drug case so that the Grand Rapids Criminal Lawyers, West Michigan can get the best results possible for your drug possession case.

The sooner you talk to an attorney the better off you will be. Don’t wait, call us now! The call is free! We will give you a straightforward answer to all your questions and concerns. Call the Grand Rapids Criminal Lawyers of The Criminal Defense Law Center of West Michigan today at 616-438-6719!

Our Grand Rapids Criminal Defense Lawyers in West Michigan Proudly Serve: Kent County, Ottawa County, Allegan County, Ionia County, Barry County, Berrien County, Mason County, Manistee County, Mecosta County, Oceana County, Muskegon County, Montcalm County, Newaygo County, Kalamazoo County, Lake County, Van Buren County, and the City of Grand Rapids, Michigan.

Our Grand Rapids Criminal Defense Lawyers Also Proudly Serve The West Michigan Cities Of: Grand Rapids, Holland, Allendale, Wyoming, Kentwood, Grandville, Walker, Hudsonville, Grand Haven, Grandville, Coopersville, Spring Lake, Ionia, Hastings, Stanton, White Cloud, Newaygo, Zeeland and Allegan.

Domestic Violence Defense Lawyers

The Domestic Violence Defense Lawyers at The Criminal Defense Law Center of West Michigan know that under Michigan law, domestic violence is abusive behavior – physical, sexual etc, used by one person to dominate or control another. Domestic relationships are those between spouses and former spouses, people in dating relationships, couples with children in common, and residents and former residents of the same household.

Examples of behavior that can lead to domestic violence charges being filed against you include:

pushing
shoving
slapping
forced sex
misuse of telephone
stalking
The Criminal Defense Law Center of West Michigan continually hears from our clients about how the victim didn’t want to press charges in their case. This is typical and expected in Domestic Violence cases. Our Domestic Violence Defense Lawyers know that many victims are pressured into trying to get domestic violence charges dropped by their spouse or relative who are usually the defendants in domestic violence cases. The victims in these cases could be used to the abuse they are getting and think it is normal behavior to be beaten and abused.

Contact our Domestic Violence Defense Lawyers today if you are looking for aggressive criminal defense at an affordable price at 616-438-6719!

Prosecutors will typically try to get victims to plea guilty in these kinds of cases knowing that the victim will not show up to court or that a husband or wife won’t testify in court against the defendant. Do not fall victim to this pressure by local West Michigan prosecutors! Our skilled criminal defense lawyers know what tools to use, in order to keep our clients from being bullied by zealous West Michigan prosecutors.

Attorney Shawn Haff of The Criminal Defense Law Center of West Michigan has represented numerous clients facing domestic violence charges. We understand that in many cases our clients are not guilty of domestic violence. We have seen so called victims make up stories of abuse to get revenge on the defendant. Rest assured, we will not rest if you are innocent of domestic violence until you get your case dismissed or we get you a “not guilty” verdict at trial.

The punishment for a first offense domestic violence charges in all West Michigan courts is 93 days in jail. The maximum punishment for a second offense domestic violence charge in all West Michigan courts is one year in jail. If a defendant is facing a felony domestic violence charge, the defendant is facing up to two years in prison with a $2,500 fine.

Domestic violence charges are aggressively prosecuted in Michigan, even when the alleged victims withdraw their complaints. If you are charged with domestic violence in West Michigan, contact The Grand Rapids Criminal Defense Lawyers, of The Criminal Defense Law Center of West Michigan asap at 616-438-6719!

Our Domestic Violence Defense Lawyers won’t rest until you get the best results possible on your domestic violence charges.

Our Grand Rapids Criminal Defense Lawyers in West Michigan Proudly Serve: Kent County, Ottawa County, Allegan County, Ionia County, Barry County, Berrien County, Mason County, Manistee County, Mecosta County, Oceana County, Muskegon County, Montcalm County, Newaygo County, Kalamazoo County, Lake County, Van Buren County, and the City of Grand Rapids, Michigan.

Our Grand Rapids Criminal Defense Lawyers Also Proudly Serve The West Michigan Cities Of: Grand Rapids, Holland, Allendale, Wyoming, Kentwood, Grandville, Walker, Hudsonville, Grand Haven, Grandville, Coopersville, Spring Lake, Ionia, Hastings, Stanton, White Cloud, Newaygo, Zeeland and Allegan.

In Michigan, is person is not allowed to assault another person. If a person assaults and/or batters a family member, spouse, or household member, then a person will be facing Domestic Violence Charges. Many times, the contact doesn't have to be serious. A simple push, poke or slap can result in domestic violence charges. The Criminal Defense Law Center of West Michigan and Attorney Shawn Haff has successfully represented many people facing domestic violence charges!

Domestic violence charges, or “DV,” usually requires little evidence beyond the testimony or the claims of the “victim.” Once an accuser complains to the police, prosecutors will usually proceed with charges. In many domestic violence charges, the victim will later on take back their accusations. It is also not unusual for a victim to say they don't want to prosecute. Sadly, most prosecutor's don't care. They will push the case forward to trial, even when their case is seriously flawed. The head prosecutor's of Kent County and Ottawa County have their "policies" and that means taking the case to trial regardless of the evidence.

The most disturbing fact of domestic violence charges is this: countless people are wrongfully accused of domestic violence every day. Many victims will make claims of domestic abuse that are false out of anger, jealousy or desire to gain an upper hand in a child custody or divorce case. In a dispute between a man and a women, the male is usually the one arrested. This is the case even if the crime was started by the woman.

Attorney Shawn Haff of The Criminal Defense Law Center can help. Shawn will fight hard to make sure your rights are protected. He will fight hard to expose the "victim" as a liar or argue self-defense if the "victim" started the conflict. Call Shawn today at 616-438-6719 if you are being charged with domestic violence.

Domestic Violence Defined

In the State of Michigan, domestic violence is the occurrence of any of the following acts that do not occur as an act of self-defense:

(1) Causing or attempting to cause physical or mental harm to a family or household member.

(2) Placing a family or household member in fear of physical or mental harm.

(3) Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress.

(4) Engaging in activity toward a family or household member that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

A “family or household member” includes, a spouse or former spouse, an person with whom you are or have resided with, a person whom you have had or are having a dating or sexual relationship, a person with who you are related to or have been by marriage, a person with whom you have a child in common with, or any minor child of the persons described above.

Michigan Statute

Punishments of a First Offense Domestic Violence Conviction

If found guilty of domestic violence:

First Offense: Is a misdemeanor with a maximum penalty of 93 days in jail, or a maximum fine of $500, or both.

Second Offense: Is a misdemeanor with a maximum penalty of 1 year in jail, or a maximum fine of $1,000, or both.

Third Offense: Is a felony with a maximum penalty of 2 years in jail, or a maximum fine of $2,500, or both.

MRE 404(b) – Past Bad Acts of the Accused are Admissible Under Certain Circumstances

- Michigan Rule of Evidence 404(b)

This rule limits the admissibility of previous unrelated crimes or wrongful acts. Generally, a person’s past criminal history cannot be introduced into evidence as an effort to prove that s/he committed the crime s/he is currently charged with.

Rule:
(b)(1)evidence of other crimes, wrongs or acts is not admissible to prove the character of a person in order to show action in conformity therewith. It may, however be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, scheme, plan, or system in doing the act, knowledge, identity, or absence of mistake or accident when the same is material, whether such other crimes, wrongs, or acts are contemporaneous with, or prior or subsequent to the conduct at issue in the case.
No-Contact Orders

Generally, during an assault preceding the Judge will issue an order which generally prohibits the accused from having any contact with the accuser. It should be noted that the Judge cannot issue any control over the “victim.” In other words, the no-contact order is only enforceable against the person charged with a crime.

If the case is filed under a domestic violence statute, the accuser-petitioner’s request for the order to be terminated is normally not taken into consideration by the Judge. In other words, no matter how much a spouse wants to have contact with the batterer, the Judge will usually not allow contact (in an apparent effort to prevent future battery.) However, in a simple assault and battery case it is likely that the judge will lift the order.

No contact orders usually have a stipulation which allows for contact based solely on exchanging custody of children. Further, the orders can carry over in future proceedings – including probationary matters.

The punishments for a violation of a no-contact order vary, from an increase in bond to an order of incarceration.

Our Grand Rapids Criminal Defense Lawyers in West Michigan Proudly Serve: Kent County, Ottawa County, Allegan County, Ionia County, Barry County, Berrien County, Mason County, Manistee County, Mecosta County, Oceana County, Muskegon County, Montcalm County, Newaygo County, Kalamazoo County, Lake County, Van Buren County, and the City of Grand Rapids, Michigan.

Our Grand Rapids Criminal Defense Lawyers Also Proudly Serve The West Michigan Cities Of: Grand Rapids, Holland, Allendale, Wyoming, Kentwood, Grandville, Walker, Hudsonville, Grand Haven, Grandville, Coopersville, Spring Lake, Ionia, Hastings, Stanton, White Cloud, Newaygo, Zeeland and Allegan.

OWI-DWI-Drunk Driving

Being stopped and put under arrest for drunk driving is an embarrassing event. The penalties are extreme and are becoming tougher by the year. If you are arrested for DUI, OWI or impaired driving, you probably have many questions such as: Am I going to jail? Will I lose my driver’s license? Can I take my case to trial and win? Attorney Shawn Haff of The Criminal Defense Law Center of West Michigan will take the time to answer all of your questions and ease your concerns. The call is free, so call today at 616-438-6719!

The Criminal Defense Law Center of West Michigan, located near Grand Rapids, Michigan realizes that there are hundreds of lawyers in town who will charge you a high retainer for drunk driving cases and get you poor results. They won’t return your phone calls promptly and they will push you to take a plea deal instead of taking your case to trial when a trial is a clients best legal option.

Depending on the facts and circumstances of your case and your previous record, a drunk driving conviction can result in jail time, significant fines and costs, community service, work crew, loss of your driving privileges and probation.

A first offense OWI, DUI, drunk driving conviction could send you to jail for up to 93 days, cost you up to $1,000.00 in fines and court costs, cost you a $1,000.00 dollar driver responsibility fee for two years and your drivers license being suspended.

A High BAC (Super Drunk Driving) conviction increases fines by $200.00, maximum possible jail time is increased to 180 days, 45 days of no driving and an additional 320 days restriction with an alcohol monitor on the vehicle.

Second OWI, DUI, drunk driving offenses carry many of the same penalties as the first offense but some of them are more severe.

Penalties for a second DUI, OWI, drunk driving offense include:

Mandatory jail time of at least five days and not more than one year
License revocation of at least one year
License plate confiscation
Vehicle immobilization or forfeiture of up to six months
A fine of up to $1,000 Driver responsibility fees of $1,000 for two years
Up to 90 days of community service.
While DUI cases might seem straightforward, they are not. There are several factors a DUI, OWI, Drunk Driving attorney will consider when evaluating your case.

Did the officer have a reasonable suspicion to stop you?

Did the officer have probable cause to start a DUI investigation?

If you were required to perform field sobriety tests, were they justified in the first place, properly explained and properly assessed? Was the officer correctly trained to administer and evaluate the test results for DUI, OWI, and Drunk Driving sobriety tests?

Was there probable cause to arrest you for DUI, OWI, and Drunk Driving?

If you took a blood alcohol test at the police station, were the tests properly conducted on machines properly maintained by officers properly trained? Where the results accurate and reliable?

Regardless of all the tests and reports, can the prosecutor prove that you violated each element of DUI law beyond a reasonable doubt?

As you can see, DUI, OWI and Drunk Driving cases are anything but simple. And this is just the tip of the iceberg when it comes to DUI, OWI, Impaired Driving and Drunk Driving cases. Protect your rights! Protect your Future!

Our Drunk Driving Lawyers Know How To Get Results!

If you are arrested and stopped for any drunk driving related offense; OWI, DUI, High BAC (Super Drunk Driving Law) or impaired driving you need to contact the Grand Rapids Criminal Lawyers, West Michigan asap! The penalties are too harsh to face without an aggressive criminal defense lawyer on your side.

The call is free and so is the first initial consultation! 616-438-6719

Law enforcement agencies all throughout West Michigan take all drunk driving and drug related cases very seriously! Authorities in West Michigan have stepped up enforcement for possession or production of methamphetamine, cocaine, marijuana and heroin. If you are charged with any drug crime, you need to contact Attorney Shawn Haff at The Criminal Defense Law Center of West Michigan right away! He can be reached at 616-438-6719

You can expect to face serious consequences for any drug conviction on your record. These consequences include prison or jail time, heavy fines, lengthy probation terms, drug testing and community service. Attorney Shawn Haff has helped many clients with numerous drug charges throughout the years. His lawyers won’t judge you regarding your drug charges. His lawyers will keep you informed every step of the way regarding your drug charges.

Our Grand Rapids Criminal Defense Lawyers in West Michigan Proudly Serve: Kent County, Ottawa County, Allegan County, Ionia County, Barry County, Berrien County, Mason County, Manistee County, Mecosta County, Oceana County, Muskegon County, Montcalm County, Newaygo County, Kalamazoo County, Lake County, Van Buren County, and the City of Grand Rapids, Michigan.

Our Grand Rapids Criminal Defense Lawyers Also Proudly Serve The West Michigan Cities Of: Grand Rapids, Holland, Allendale, Wyoming, Kentwood, Grandville, Walker, Hudsonville, Grand Haven, Grandville, Coopersville, Spring Lake, Ionia, Hastings, Stanton, White Cloud, Newaygo, Zeeland and Allegan.

Having A Bad Day

Imagine you are having a bad day, your wife left you or you lost your job and you drank a little to much at the bar. Life seems to have overwhelmed you. You are not an evil person, you are just having a tough time. You are just about home and your bad day gets even worse as you see flashing lights behind your car. It can happen to the best of us. You are not thinking clearly and your bad day turns into a nightmare as you are arrested for drunk driving. You made a poor choice, a choice that could send you to jail. You need someone in your corner, you need an aggressive criminal defense lawyer from The Criminal Defense Law Center of West Michigan on your side! You need a criminal defense lawyer who knows you made a mistake and that you are not a bad person. You need a criminal defense lawyer who sees the person behind the arrest. You need a criminal defense lawyer who is on your side. You need a criminal defense lawyer who will fight to get you a fair deal if you are guilty or a not guilty verdict if you are innocent.

It is so important to have a fighter on your side when you are arrested. The lawyers at The Criminal Defense Law Center of West Michigan will fight for you every step of the way through your case!

The Criminal Defense Law Center of West Michigan is on your side. We know what you are up against and we know that sometimes decent people make stupid mistakes. We want to fight for you and make sure you are treated fairly. Don’t let that one mistake define you and ruin your life. Don’t let the vast resources of the government take your freedom without giving you a fair deal. It is the duty of the lawyers at The Criminal Defense Law Center of West Michigan to stand up in your corner and fight for you! We take this duty seriously and a duty we also work hard to fulfill every single day! Call us today at 616-438-6719 if you are facing any criminal charges in any court throughout West Michigan!

Our Grand Rapids Criminal Defense Lawyers in West Michigan Proudly Serve: Kent County, Ottawa County, Allegan County, Ionia County, Barry County, Berrien County, Mason County, Manistee County, Mecosta County, Oceana County, Muskegon County, Montcalm County, Newaygo County, Kalamazoo County, Lake County, Van Buren County, and the City of Grand Rapids, Michigan.

Our Grand Rapids Criminal Defense Lawyers Also Proudly Serve The West Michigan Cities Of: Grand Rapids, Holland, Allendale, Wyoming, Kentwood, Grandville, Walker, Hudsonville, Grand Haven, Grandville, Coopersville, Spring Lake, Ionia, Hastings, Stanton, White Cloud, Newaygo, Zeeland and Allegan.
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