The term “violent crime” carries many meanings and definitions. It is most simply the type of crime that involves the significant risk of injury or death that is achieved through the use of force or violence in some way. Any case that involves the use of a weapon or the threat of violence falls under the umbrella of violent crime.
Violent crimes in the state of Michigan are specifically treated more harshly than non-violent crimes such as embezzlement or fraud. Don’t expect prosecutors or judges to give you a break when they have an alleged victim there telling the court how you physically harmed or threatened them and potentially others.
The prosecutor effectively becomes the alleged victim’s attorney when a violent crime is charged. This means that the alleged victim will have all of the police and investigative resources that are available to the prosecutor to build their case against you. If you are being investigated for a violent crime it is important to know that police, prosecutors, and judges do not take these cases lightly. These people are not your friends and speaking to investigators without an attorney present can have disastrous consequences.
Common examples of violent crime include:
If you are being investigated or have been charged with one of the above crimes, then it is crucial that you seek the advice of an experienced violent crimes attorney as soon as possible.
Jail/Prison: A conviction for a violent crime can result in either jail or prison time, depending on the charges and circumstances alleged. A conviction for a domestic violence can result in up to 93 days in jail for a first offense, while a conviction for armed robbery can result in up to 15 years in prison. A conviction for murder can result in up to a life sentence without the possibility of parole. As you can see, a judge will have the full range of options in terms of sentence for violent crime convictions.
Probation: Probation is an alternative to jail, and sometimes an additional sentence that comes with a violent crime conviction. While on probation for a violent crime, an offender will have to follow strict guidelines and rules, such as staying alcohol or drug free. He or she will be assigned a probation agent who will monitor them and make sure they are in full compliance with the terms of their probation. Any violations of probation can result in lengthy jail or prison sentences.
Restitution: A judge can order an offender to pay the victim money for medical treatment, property loss and damage, as well as counseling and other related forms of restitution for a violent crime conviction.
Fines: Fines for a violent crime conviction can be as low as $500 for an assault & battery conviction but can also be much higher for more serious offenses.
Other: A conviction for a violent crime can have other effects such as losing your job, being unable to secure a job because of your criminal record, and the possible suspension and loss of professional licenses you may have. You may also be required to attend anger management classes or other forms of treatment.
For a prosecutor to secure a conviction against someone for a violent crime, they have to prove a number of elements. Every violent crime has 4 basic elements:
Your presence in a violent crime is essential. A prosecutor typically has to prove you were there when the crime occurred. Do you have an alibi?
A defendant doesn’t have to prove his alibi, it is up to the Prosecutor to prove your presence at the scene of the crime in order for a jury to appropriately find you guilty of a violent crime. Simple physical contact or attempted physical contact is not enough for a conviction of a violent crime. A prosecutor must prove that whatever contact that is alleged to have been made was both intentional and violent in nature. This contact can be inferred as intentional and violent in many ways. Finally, a prosecutor must show that the alleged violent crime was not justified. Were you acting in self-defense?
If investigators violated your constitutional rights during the investigation, then you can bring those issues in front of a judge in the form of a motion to suppress to potentially have the evidence against you thrown out. A seasoned violent crimes attorney will look to these and other defenses specific to your case in building your defense if you are accused of illegal activity.
If you or someone you love is facing the possibility of being charged with a federal drug or violent crime, it is natural to have a number of questions. Finding a website like this one can be a great resource, but it is not a substitute for the advice of an experienced criminal defense attorney. If you have more questions about drug or violent crime, then the attorneys at Oakes Law Group are available to you.
A violent crime charge requires a prosecutor to show that you intended to commit or did commit a violent act on another without legal consent. Was there a genuine, honest mistake in what was going on? Are you able to explain that even though things appear a certain way, there was nothing illegal going on? In order to present your best defense, your attorney has to be able to answer these questions. The only way to answer these and other necessary questions is for your defense to conduct its own investigation. Just as the prosecutor builds a case against you with their resources, you are able to build your defense in the same way.
At Oakes Law Group, we pride ourselves on not limiting your defense to simply trying to explain the prosecutor’s version of events. We defend cases by going on offense, by advancing your version of events based on our in-depth investigations.
If you are facing a criminal charge for a violent crime or are being investigated for one, then it is important to speak to an experienced Michigan criminal defense attorney immediately. At Oakes Law Group, we are proud to offer FREE consultations to all prospective clients.
If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at 1-888-886-5711 or email. Our advice is free, and our conversations will always be protected by attorney-client privilege. Make your first choice towards freedom with a consultation with an experienced criminal defense attorney at Oakes Law Group today.