Domestic Violence and Assault
Domestic Violence Appeals and Post-Conviction Services
Michigan Domestic Violence Defense Appellate Law Attorneys
Domestic Violence: Easy to Accuse, Difficult to Defend
We often see the drama of domestic violence portrayed in the movies and television: the husband beats his wife and children in a drunken rage. In the end the battered wife may be killed or become the heroin, eventually getting criminal justice against her abusive husband. While real life sometimes can mimic television dramas, it is easy to become jaded to the acts of domestic violence when stereotypes are so frequently portrayed. There is a big difference between beating a spouse and grabbing their arm a little too tightly to stop them from swinging at you. But the courts often do not see things in the gray tones that cases involving domestic violence often bring and decisions must be made in black and white: guilty or not guilty.
Domestic violence is a serious crime, and, unfortunately, it does exist in many households throughout Michigan. In cases involving domestic violence, the prosecutor has one goal: get a conviction so the violence can end and the offender can be punished. Many cases of domestic violence involve a vindictive spouse accusing the other in an effort to manipulate the courts, gain an advantage in a divorce or child custody hearings, or just out of spite.
Defendants Have Rights, But Innocent People Still Get Convicted
Our criminal courts are required to follow procedures and apply the law when it comes to the defendant's rights just as much as for victims, because sometimes, innocent people are accused of crimes they did not commit. And, when someone is convicted of the serious crime of domestic violence, the legal system does not end there— they have the right to an appeal.
Similarly to sex crimes, it is easy to be accused of spousal abuse and difficult to defend yourself against those accusations. Even when a skilled defense attorney presents a strong case for a defendant, things can still go wrong in the judicial process resulting in innocent people being punished. Swayed by graphic pictures or hospital reports, the jury becomes sympathetic to the plight of the alleged victim.
Clearly, not every convicted person is innocent, but some are, and many receive excessive or unfair sentences. Post-conviction motions and appeals are designed to help defendants after a conviction, giving them additional legal avenues to prove their innocence and to get a reduced sentence so that the punishment fits, rather than exceeds, the crime.
You Still Have Legal Options to Consider Even After You Have Been Convicted of a Crime
If you have been convicted of domestic violence, you may think you have no further recourse, but that is not necessarily true in all cases. Juries and judges can make a mistake, legal errors or new evidence may come to light— all of these things may afford you the chance to pursue post-conviction rights.
A few of the post-conviction options you may still have include:
- File a motion for a new trial.
- If your sentence was excessive, you may be able to appeal your sentence.
- If you plead guilty and accepted a plea bargain that was not honored, you may be able to motion to withdraw or change your plea.
- If you were found guilty as a result of ineffective counsel you may be able to file a motion for Ginther Hearing.
- If you were barred from seeing your child(ren), you may be able to have the personal protection order extinguished.
Experienced Domestic Violence Post-Conviction Attorneys
Serving all of Michigan including Lansing, Grand Rapids, Detroit, Kalamazoo, and Saginaw
We are experienced trial lawyers and appellate lawyers. We know how to review court records to see if any of your rights were violated during the trial or sentencing process. If you were found guilty of a crime you did not commit because of ineffective counsel, prosecutor or juror misconduct or bias, or because of something the judge did or failed to do, we may be able to help you.
We offer a wide variety of post-conviction services, including:
- Appeal by Application for Leave
- Appeal of Right
- Applying to the Court for Probation
- Conviction Set Aside/Record Expungement
- Federal Appeals
- Grounds for a Motion for a New Trial
- Michigan Criminal Sentence Appeals
- Michigan Supreme Court Appeals
- Motion for Directed Verdict
- Motion for Ginther Hearing - Ineffective Counsel
- Motion to Change or Withdraw a Plea
- Other Motions and Appeals
- Post-Conviction and Pre-Sentencing Motions
When you hire the law firm of Grabel & Associates, you can count on a thorough investigation into your case and aggressive post-conviction representation to help you improve the outcome of your case.
We offer a free initial consultation. Email our post-conviction services and appeals attorneys or call us at 1-800-342-7896. The statute of limitations is extremely short for filing motions and appeals. The sooner you call, the better your chances are of ensuring you can pursue all your legal options.