Criminal Defense in Plymouth, Michigan

If you’re facing a criminal charge in Michigan, bringing a solid defense is key to protecting your rights and obtaining a favorable resolution. Criminal charges range from DUIs to charges related to violent crimes, sex crimes, gun crimes, and beyond – and convictions come with serious legal and social consequences. Criminal proceedings for alleged crimes occurring in the Plymouth area will be held at the 35th District Court, located at 660 Plymouth Road, Plymouth, MI 48170. If this is the difficult situation you find yourself in, you shouldn’t delay in contacting an experienced criminal defense attorney with a track record of success in Plymouth.

Common Criminal Charges

While there’s a vast array of criminal charges in Michigan, some offenses are charged more frequently than others. 

Violent Crimes 

Broadly, violent crimes include criminal offenses involving actual violence or the perceived threat of violence. Common examples of violent crimes include:

●      Assault

●      Aggravated battery

●      Domestic violence

●      Robbery

●      Homicide

Bringing a strong defense in the face of a violent criminal charge is critical, and a criminal defense attorney in Plymouth can often help. 

Assault and Battery

While the terms “assault” and “battery” are often socially used interchangeably, there are important distinctions between these criminal acts. Often when a person uses either term, they’re actually referring to battery. Battery requires an offensive or forceful physical contact with another person, resulting in harm. If an assault occurs when a person attempts or threatens to physically harm another person without their consent, without requiring an actual physical contact with that person it’s also considered battery. Battery occurs when there’s harmful contact, whereas assault focuses on the perceived threat of that contact. 

Domestic Violence 

In Michigan, domestic violence is defined as a pattern of behavior used to control another person, through use of physical, sexual, and/or emotional abuse. Contrary to its social usage, domestic violence is not legally equivalent to intimate partner violence. Domestic violence is broader than romantic relationships. Domestic violence can be charged for violent encounters with any person whom the alleged perpetrator has a “domestic relationship”. Under the Michigan Penal Code, an alleged perpetrator has a domestic relationship with the following individuals:

·      Their spouse (or former spouse);

·      Any person residing or having resided in the same household;

·      Any person with whom the alleged perpetrator has a child in common with;

·      Any person whom the alleged perpetrator has or has previously had a “dating relationship”. 

As a result, a person cannot be convicted of domestic violence for acts of violence against friends or professional acquaintances. While alleged physical, emotional, or sexual violence against one’s child is technically falls within the definition of domestic violence, prosecutors often charge these types of acts under other statutes. Domestic violence is typically charged as a misdemeanor, however, aggravated domestic violence, a felony, may be charged based on the number of prior convictions and the severity of the alleged violent acts. 

In recent years, domestic violence and aggravated domestic violence has been treated more seriously, as a result a conviction may subject a person to more serious punishments. Based on the nature of domestic violence, a conviction carries unique social stigma, and may have additional collateral consequences if you’re convicted, such as negative impact on child custody, employment, and professional licensure. 

For these reasons, it is of the utmost importance to not hesitate in seeking professional legal services from an experienced criminal defense attorney in Plymouth to ensure that your rights are protected and your best interests are fiercely advocated for. 

Robbery

Robbery and larceny are related offenses that have distinctive characteristics. The main difference between robbery and larceny is the means through which the taking occurs. A person may be convicted of larceny if they unlawfully take property belonging to another, without the owner’s permission. However, to be convicted of robbery, a prosecutor must prove that a larceny occurred, with the additional required showing that the theft was completed using violence, force, intimidation, or threats. The use or threatened use of a weapon isn’t required in order for robbery to be charged. 

If you have been accused of robbery, retaining an experienced criminal defense attorney with a consistent record of success in Plymouth is pivotal for reaching the best outcome in your case.   

Homicide

“Homicide” encompasses all unlawful killing of another person, examples include murder, manslaughter, and vehicular homicide. The facts and circumstances of a given case determines what homicide offense is charged, and the penalties accompanying a conviction can vary. In Michigan, capital punishment has been abolished, however, a person convicted of a homicide offense may face life in prison. 

With the high stakes involved in homicide cases, it’s essential to contact a criminal defense attorney if you’re under investigation for, or have been charged with, a homicide. Bringing a strong defense to homicide allegations can determine the sequence of the rest of your life. 

Gun Charges 

One of the most common gun charges is illegal possession, which relates to being in possession of a gun without legal authority. In Michigan, the general requirements for lawful gun ownership include:

●      You must be at least 18 years old.

●      You can’t have a felony conviction on your criminal record – with the passage of time, this restriction can be overcome.

●      At minimum, a 70% correct score on the required safety questionnaire.

●      You cannot be subject to an active personal protection order. 

Anyone who is declared legally insane or committed in relation to mental illness is barred from gun possession. Since November 2023, any person who has been convicted of domestic violence, regardless of whether at the misdemeanor or felony level, is barred from purchasing or possessing a firearm for eight years following their conviction.

Additional gun charges include:

●      Felon in possession of a firearm

●      Prohibited premises, refers to the places where firearms cannot be taken, including schools and hospitals

●      Illegal weapons, are firearms that are illegal for anyone to possess

●      Felony firearm possession, refers to carrying a concealed weapon without a license to do so

●      Use of a firearm in the commission of a crime

●      Brandishing a firearm in public

●      Unlawful discharge of a firearm

Call a Criminal Defense Attorney in Plymouth, Michigan Today

To us, it’s personal. If you’re facing criminal charges in Plymouth or Wayne County, turn to Geherin Law Group. We’re available 24/7 and we will put our 25+ years of criminal justice experience to work in protecting your interests. Over the course of Attorney Dan Geherin’s career,  he’s received 265+ 5-star reviews on avvo.com from satisfied former clients, so you can rest assured that your case will be handled with the experience, skill, and individualized care necessary to reach a satisfactory resolution. Contact us or call anytime at (734) 263-2780. Dan and his team of attorneys and paralegals will fight aggressively and always treat you personally.