Domestic Violence, Assault

Many times, assault charges appear to be in conjunction with family (domestic) violence. Domestic violence is a misdemeanor punishable up to 93 days in jail. A second offense is also a misdemeanor punishable up to 1 year in jail. A third or other subsequent offense is is felony punishable up to 5 years in prison. There is a new form of Domestic Violence informally known as assault with strangulation. The statute reads as follows:

750.84 Assault with intent to do great bodily harm less than murder; assault by strangulation or suffocation; “strangulation or suffocation” defined; other violation out of same conduct.

Sec. 84.

(1) A person who does either of the following is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both:

(a) Assaults another person with intent to do great bodily harm, less than the crime of murder.

(b) Assaults another person by strangulation or suffocation.

(2) As used in this section, “strangulation or suffocation” means intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.

(3) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law arising out of the same conduct as the violation of this section.

Note that while the statute defines strangulation as something that impedes breathing, prosecutors routinely charge this when any contact is made with the neck. Just because they charge you doesn’t mean that they can convict but many people who would other have a misdemeanor find themselves facing  10 year felony for merely placing one’s hand on another’s neck.

An experienced Grand Rapids domestic violence lawyer can take you through the possible strategies in dealing with these cases and obtain a cost effective satisfactory result, without causing additional stress upon the family. These cases can carry serious life altering consequences, and a diligent aggressive lawyer can help defend you – many times getting the charges dropped or reduced. Ryan Maesen is experienced in domestic abuse representation, knows which strategies to use in your defense, and how the prosecutors will most likely try to convict you.

Many cases involve false allegations and exaggerated accusations. It’s important to choose an attorney that is experienced at getting to the truth in these very high stress and complex situations. Keep in mind that domestic violence and family violence cases are not eligible for expungement, which means that once you’re charged it’s on your record for good. You need to do everything you can ahead of time to prepare a solid defense and keep your record clean.

These charges can happen to anyone and it’s important to get all your questions answered and make the most informed decision possible. Call us at (616) 426-6803 for a free telephone consultation and discuss your unique situation and the possible strategies available, or use the contact form to get in touch. We will do everything we can to defend your rights.

If you have been charged with an assault and battery offense, or you know someone that has, please call us today. Experienced Grand Rapids criminal defense lawyer, Ryan Maesen, can provide you with the level of experience you deserve when facing your case.

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I also have assisted clients accused of Financial and White Collar crimes in Federal Court. I have helped hundreds of individuals across West Michigan and I can help you to during this challenging period of your life.

Some of my higher profile cases have been covered by the local media. Please see the In the News page for details.

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