Domestic Violence Attorney Talks Sentencing and Jail (or Not)

Domestic Violence Attorney in Michigan Explains What to Expect at The End of Your Case...

As a Michigan Domestic Violence Attorney, one of the most common questions we receive from our clients and potential clients at The Law Office of Brian J. Prain, PLLC is "what is going to happen to me in my end (at the Domestic Violence Sentencing)? What will my sentence be? Will I have to do Jail time?" These are always the toughest questions to answer for a Michigan Domestic Violence Attorney, because a Michigan Domestic Violence charge (first offense) under MCL 750.81(2) carries a maximum possible penalty of up to 93 days in Jail and/or up to a $500.00 fine, not to mention a permanent criminal public record that includes the word "violence" - not good! But there are many "tricks" and tactics that an experienced Michigan Domestic Violence Attorney can use to reduce or eliminate the possibility of a sentence that includes Jail and these other bad things . . .

The outcome that we always strive for is for you not to ever have to appear at a Sentencing hearing at all; either by getting your Domestic Violence charge dismissed before Trial or betting a verdict of NOT GUILTY at Trial. As your Domestic Violence Attorney, we could design your defense strategy around pursuing a Deferral under MCL 769.4a to keep this Domestic Violence charge off of your permanent public record as if it never happened. Or, we could seek a Cobbs Evaluation with the Judge or a Killebrew Agreement with the Prosecutor to ensure that any Plea you give will be subject to a term of NO JAIL. But this only scratches the surface (you really should take advantage of our free, in-person, confidential consultation to custom-tailor a defense for the facts of your case).

Because each and every case is different in its facts and its merits, and because a Judge has so much discretion in their Sentence within the bounds of the law, it is nearly impossible to generalize about what your Sentence will be. This is especially true if you are facing an Aggravated Domestic Violence Charge; Domestic Violence, Second Offense charge, or a Domestic Violence Felony (as the penalties increase). However, at The Law Office of Brian J. Prain, PLLC, your Michigan Domestic Violence Attorney, we have NEVER had a client facing a Domestic Violence charge end up in Jail - every one of our clients who made the wise decision to hire us was able to stay out of Jail!

If you or someone you know is facing a Domestic Violence charge, it makes a lot of sense not just to hire a criminal defense attorney, but to hire a Michigan Domestic Violence Attorney. Call us confidentially to set up your free, no obligation consultation - it can't hurt you and can only help relieve your anxiety.


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Prain Law, PLLC is focused only on the types charges featured on our website. This helps us deliver the decisive, effective advocacy for which our clients know us. We only serve individuals currently under investigation or who have a current case pending in court. Our firm does not represent injury victims, defendants who have already taken a plea or have been sentenced, or those seeking to expunge a criminal record. We do not respond to anyone who is not involved in a pending investigation or who has a court case for a type of charge we do not handle, but we wish you the very best of luck.