Criminal Law FAQs – Drinking Alcohol or Smoking Marijuana and Driving

Criminal Law FAQs – Drinking Alcohol or Smoking Marijuana and Driving

Jun 2, 2025 | FAQs, Michigan Laws

Michigan Criminal Laws FAQs

Operating a Motor Vehicle Under The Influence

Walking is cool… For fun and excercise. Not because you lost your license. Don’t do the crime if you can’t pay the price. But if you do get charged with a crime. Better Call Komorn to fight for your rights.

Drinking alcohol or smoking marijuana and driving in Michigan is extremely dangerous and illegal due to the significant impairment these substances cause to a driver’s ability to operate a vehicle safely. Here’s why:

  • Impaired Judgment: Both alcohol and marijuana affect judgment, leading to poor decision-making behind the wheel, such as misjudging distances, speed, and traffic situations.
  • Reduced Reaction Time: These substances slow down a driver’s reaction time, making it difficult to respond quickly to unexpected hazards, pedestrians, or changes in traffic flow.
  • Decreased Motor Skills and Coordination: Alcohol and marijuana impair motor skills and coordination, affecting steering, braking, lane keeping, and overall vehicle control.
  • Altered Perception: Marijuana can distort time and distance perception, making it challenging to judge safe following distances and the speed of other vehicles. Alcohol also affects vision and spatial awareness.
  • Increased Risk of Accidents: The combination of these impairments significantly increases the risk of being involved in a traffic accident, potentially leading to serious injuries or fatalities for the driver, passengers, and other road users.
  • Legal Consequences: Driving under the influence of alcohol or marijuana in Michigan carries severe legal penalties, including fines, license suspension, jail time, and a criminal record.

FAQ 1: What is the legal blood alcohol content (BAC) limit for driving in Michigan, and what are the legal limits for marijuana?

In Michigan, the legal BAC limit for drivers 21 years or older is 0.08%. For drivers under 21, there is a “zero tolerance” law, meaning any measurable amount of alcohol can lead to a violation.

For marijuana, Michigan law prohibits driving with any amount of detectable THC (the psychoactive component of marijuana) in your system while operating a vehicle. Unlike alcohol, there isn’t a specific numerical threshold for THC. If law enforcement detects any amount of THC in your blood, you can be charged with Operating While Impaired by Marijuana (OWIM).

(Reference: MCL 257.625)

FAQ 2: What are the potential penalties if I am caught driving under the influence of alcohol or marijuana in Michigan?

The penalties for driving under the influence (DUI) of alcohol or marijuana in Michigan vary depending on the number of prior offenses and the specific circumstances of the case. Potential penalties for a first offense include:

  • Fines: Up to $500 for OWI (alcohol) and up to $500 for OWIM (marijuana).
  • Jail Time: Up to 93 days.
  • License Suspension: Up to 180 days (with a restricted license possible after 30 days).
  • Driver Responsibility Fees: $125.
  • Community Service: Possible.
  • Substance Abuse Evaluation and Treatment: Required.

Penalties increase significantly for second and subsequent offenses, including longer jail sentences, higher fines, longer license revocations, vehicle immobilization, and potential felony charges.

(Reference: MCL 257.625)

FAQ 3: Can I refuse a breathalyzer or blood test if I am suspected of DUI in Michigan?

Under Michigan’s implied consent law (MCL 257.625a), by operating a vehicle on public roads, you are deemed to have given your consent to submit to a preliminary breath test (PBT) at a traffic stop if lawfully detained for suspicion of drunk driving. Refusal to take a PBT can result in a civil infraction and fines.

For evidentiary breath or blood tests at a police station or hospital, refusal can lead to an automatic one-year suspension of your driver’s license (two years for a second refusal within seven years), even if you are not ultimately convicted of DUI. There are limited exceptions to this, such as a valid medical reason.

FAQ 4: What are some common roadside sobriety tests used by Michigan law enforcement, and are they mandatory?

Michigan law enforcement officers often use Standardized Field Sobriety Tests (SFSTs) during traffic stops where DUI is suspected. These typically include:

  • Horizontal Gaze Nystagmus (HGN): Following a moving object with your eyes to check for involuntary jerking.
  • Walk and Turn: Walking heel-to-toe along a line, turning, and walking back.
  • One-Leg Stand: Standing on one leg while counting.

While officers may request you to perform these tests, you are generally not legally required to take them under Michigan law. Refusal to take SFSTs does not carry the same license suspension penalties as refusing an evidentiary breath or blood test. However, officers can still use your refusal and their observations of your demeanor and driving to establish probable cause for an arrest and a subsequent request for an evidentiary test.

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Criminal Law FAQs – Drunk and Disorderly

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Criminal Law FAQs – Probation Violations

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FAQ 5: What are some legal defenses against DUI charges involving alcohol or marijuana in Michigan, and how is Komorn Law experienced in fighting these types of charges?

There are several potential legal defenses that an experienced attorney can explore when fighting DUI charges involving alcohol or marijuana in Michigan. These defenses often focus on challenging the legality of the stop, the procedures used during the investigation, and the accuracy of the evidence presented:

  • Illegal Stop: Arguing that the police officer lacked reasonable suspicion to initiate the traffic stop in the first place.
  • Improper Administration of Field Sobriety Tests: Challenging whether the SFSTs were administered correctly according to standardized procedures, which can affect their reliability as evidence of impairment.
  • Challenges to Breathalyzer or Blood Test Procedures: Questioning the calibration and maintenance of breathalyzer machines or the chain of custody and testing procedures for blood samples. This can involve scrutinizing logbooks, certifications, and the qualifications of the technicians.
  • Medical or Physical Conditions: Presenting evidence that a medical condition or physical limitation (unrelated to impairment) could have affected performance on field sobriety tests or the accuracy of breathalyzer results (e.g., GERD).
  • Rising Blood Alcohol Defense: In alcohol cases, arguing that your BAC was below the legal limit while driving but rose above it by the time the breath or blood test was administered.
  • Lack of Probable Cause for Arrest: Asserting that the officer did not have sufficient probable cause to make the arrest for DUI, even if a test was eventually administered.
  • Challenges to Marijuana Testing: Arguing that the presence of THC in blood doesn’t necessarily equate to current impairment, as THC can remain in the system for days or even weeks after use. Attorneys may challenge the lack of a specific legal impairment threshold for marijuana and the correlation between THC levels and actual impairment.

Facing charges for driving under the influence of marijuana or alcohol in Michigan?

Komorn Law has extensive experience in defending individuals charged with DUI offenses involving both alcohol and marijuana in Michigan. Their attorneys are knowledgeable about the nuances of Michigan DUI laws, the scientific principles behind breath and blood testing, and the proper administration of field sobriety tests. They are skilled at:

  • Thoroughly investigating the circumstances of the arrest, including reviewing police reports, dashcam footage, and bodycam footage.
  • Identifying potential violations of your constitutional rights during the traffic stop and subsequent investigation.
  • Challenging the admissibility of evidence based on procedural errors or scientific inaccuracies.
  • Working with expert witnesses, such as toxicologists and medical professionals, to challenge the prosecution’s evidence.
  • Developing and presenting compelling legal defenses tailored to the specific facts of your case.
  • Negotiating with prosecutors for reduced charges or alternative resolutions when appropriate.
  • Aggressively representing clients at trial when a favorable outcome cannot be reached through negotiation.

If you are facing DUI charges in Michigan involving alcohol or marijuana, the experienced legal team at Komorn Law can provide you with a strong defense and fight to protect your rights and your future.

Komorn Law

Facing a Criminal Charge? – Better Call Komorn

248-357-2550

Komorn Law
Areas of Service

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Criminal Law FAQs – Probation Violations

Criminal Law FAQs – Probation Violations

May 30, 2025 | FAQs, Michigan Laws

Michigan Criminal Laws FAQs

Theft Crimes

According to Michigan State Law (Michigan Compiled Laws – MCL), a Probation Violation occurs when a person who has been sentenced to probation fails to comply with the terms and conditions of their probation order. These terms and conditions are set by the sentencing judge and can vary widely depending on the underlying crime and the individual’s circumstances. Which creates a point of where it is deserved.

FAQ 1: What constitutes a violation of probation in Michigan?

MCL 771.3 outlines the process for addressing probation violations but doesn’t provide an exhaustive list of what constitutes a violation. Generally, a violation occurs when a probationer fails to adhere to any of the specific conditions ordered by the court. These conditions can include, but are not limited to:

  • Failure to report: Not meeting regularly with the probation officer as scheduled.
  • Failure to pay fines, costs, or restitution: Not making required payments on time.
  • Positive drug or alcohol tests: Using substances prohibited by the probation terms.
  • Failure to attend or complete required programs: Not participating in or finishing counseling, treatment, or educational programs.
  • Absconding or leaving the jurisdiction without permission: Moving or traveling outside the allowed area without the probation officer’s approval.
  • Committing a new crime: Being arrested or convicted of another offense while on probation.
  • Violation of a no-contact order: Contacting individuals specifically prohibited by the court.
  • Failure to maintain employment or residence: Not adhering to requirements regarding work or living situation.
  • Possessing weapons: Violating prohibitions on owning or possessing firearms or other weapons.
  • Any other specific condition imposed by the judge.

Any deviation from these court-ordered conditions can be grounds for a probation violation.

FAQ 2: What are the potential consequences of a probation violation in Michigan?

MCL 771.3 details the potential consequences of a probation violation. When a probation officer has probable cause to believe a violation has occurred, they can take the probationer into custody or issue a notice to appear in court. The court will then hold a hearing to determine if a violation did occur. If the court finds that a violation has been established, the potential consequences can include:

  • Continuation of Probation: The court may decide to continue the probation with the original conditions or modify them (e.g., adding more restrictive conditions, extending the probation period within the statutory limits).
  • Jail Time: The court can impose a jail sentence as a consequence of the violation. The length of the jail sentence will depend on the severity of the violation and the original underlying crime. For misdemeanors, this could be up to the maximum jail sentence for the original offense. For felonies, the court can impose a jail sentence up to the maximum sentence for the original crime, although they are often more limited based on the nature of the violation and the probationer’s overall performance on probation.
  • Revocation of Probation and Imprisonment: In more serious cases, especially for repeated violations or the commission of a new crime, the court can revoke probation and sentence the probationer to prison for the underlying felony offense. The length of the prison sentence will be determined based on the original sentencing guidelines.

The specific consequences will be determined by the judge after considering the nature of the violation, the probationer’s history on probation, and other relevant factors.

FAQ 3: Can I be arrested for a probation violation?

Yes, you can be arrested for a probation violation in Michigan. MCL 771.3 specifically grants probation officers the authority to arrest a probationer without a warrant if they have probable cause to believe that the probationer has violated a condition of their probation. Additionally, a warrant for your arrest can be issued by the court upon a showing of probable cause that a violation has occurred.

If you are arrested for a probation violation, you will typically be held in custody pending a probation violation hearing before the judge who originally sentenced you.

FAQ 4: What should I do if I think I may have violated my probation?

If you believe you may have violated a condition of your probation in Michigan, it is crucial to take proactive steps:

  1. Contact your probation officer immediately. Be honest and upfront about the potential violation. While this may seem counterintuitive, it can sometimes demonstrate a willingness to cooperate and take responsibility.
  2. Do not try to hide or ignore the situation. This will likely make matters worse and could lead to more serious consequences, including a warrant for your arrest.
  3. Document everything related to the potential violation. Gather any relevant information, such as dates, times, reasons for the violation, and any attempts you made to rectify the situation.
  4. Seek legal counsel immediately. Contact a criminal defense attorney experienced in probation violations. An attorney can advise you of your rights, help you prepare for any potential hearings, and advocate on your behalf.

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FAQ 5: How can a lawyer help me with a probation violation hearing in Michigan?

A lawyer can provide invaluable assistance during a probation violation hearing in Michigan in several ways:

  • Understanding Your Rights: Your lawyer will ensure you understand your rights throughout the process, including your right to a hearing, to present evidence, and to confront witnesses.
  • Investigating the Alleged Violation: Your lawyer can investigate the circumstances surrounding the alleged violation to determine if there are any mitigating factors or if the violation can be challenged.
  • Negotiating with the Prosecutor: Your lawyer may be able to negotiate with the prosecutor or the probation officer to reach a resolution that avoids the most severe consequences, such as jail or prison time.
  • Presenting Evidence and Testimony: Your lawyer will help gather and present evidence and testimony on your behalf to explain the violation, demonstrate efforts to comply with probation, and highlight any mitigating circumstances.
  • Cross-Examining Witnesses: If witnesses are called against you, your lawyer has the right to cross-examine them to challenge their testimony and protect your interests.
  • Advocating for a Favorable Outcome: Your lawyer will advocate to the judge for the least restrictive outcome possible, such as continuing probation with modified conditions rather than imposing jail or prison time. They will present arguments based on your circumstances, your history on probation, and any positive steps you have taken.
  • Navigating the Legal Process: Probation violation hearings can be complex. Your lawyer will ensure that all legal procedures are followed correctly and that your rights are protected at every stage.

Having experienced legal representation is crucial when facing a probation violation hearing, as the outcome can significantly impact your freedom and future.

Facing Probation Violation in Michigan?

Facing a Probation Violations charge in Michigan can have serious consequences affecting your driving privileges, child raising, finances, and even your freedom. It’s crucial to understand your rights and explore all available legal options.

Contacting an experienced criminal defense attorney as soon as possible is essential. At Komorn Law, our attorneys have a deep understanding of Michigan’s laws and can provide you with a strong defense to protect your rights and future. Call 248-357-2550

Komorn Law

Accused of Domestic Charge? – Better Call Komorn

248-357-2550

Komorn Law
Areas of Service

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Criminal Law FAQs – Theft Crimes

Criminal Law FAQs – Theft Crimes

May 28, 2025 | FAQs, Michigan Laws

Michigan Criminal Laws FAQs

Theft Crimes

According to Michigan State Law (Michigan Compiled Laws – MCL), Theft Crimes generally involve the unlawful taking of someone else’s property with the intent to deprive them of it, either permanently or for a significant period. Michigan law outlines various specific theft offenses, each with its own elements and potential penalties.

FAQ 1: What are the different types of theft crimes in Michigan (larceny, retail fraud)?

Michigan law recognizes several types of theft crimes, with larceny and retail fraud being prominent examples:

  • Larceny (MCL 750.356 et seq.): Larceny is the unlawful taking and carrying away of someone else’s personal property with the intent to permanently deprive the owner of it. This is a broad category encompassing various scenarios, from stealing personal belongings to embezzlement (though embezzlement has its own specific statutes as well). The severity and penalties for larceny often depend on the value of the property stolen.

FAQ 2: How is the severity of a theft charge determined in Michigan?

The severity of a theft charge in Michigan is primarily determined by the value of the property stolen. This is explicitly outlined in statutes like MCL 750.356 (Larceny) and MCL 750.360 (Retail Fraud). Higher value thefts generally result in more serious charges (felonies) and harsher penalties.

For Larceny (MCL 750.356), the penalties are often tiered based on the following approximate values (note that these are subject to change, so always refer to the current statute):

  • $200.00 or less: Misdemeanor, punishable by up to 93 days in jail and/or a fine of not more than $500.00 or 3 times the value of the property stolen, whichever is greater.
  • More than $200.00 but less than $1,000.00: Misdemeanor, punishable by up to 1 year in jail and/or a fine of not more than $2,000.00 or 3 times the value of the property stolen, whichever is greater.
  • $1,000.00 or more but less than $20,000.00: Felony, punishable by up to 5 years in prison and/or a fine of up to $10,000.00 or 3 times the value of the property stolen, whichever is greater.
  • $20,000.00 or more: Felony, punishable by up to 10 years in prison and/or a fine of up to $15,000.00 or 3 times the value of the property stolen, whichever is greater.

For Retail Fraud (MCL 750.360), the degree of the offense is directly linked to the value of the merchandise stolen, as described in FAQ 1, with each degree carrying its own potential penalties. Prior retail fraud convictions can also lead to enhanced charges and penalties.

FAQ 3: What are the potential penalties for a theft conviction in Michigan?

The potential penalties for a theft conviction in Michigan vary widely depending on the specific charge (larceny or retail fraud), the value of the property involved, and the defendant’s prior criminal record. Penalties can include:

  • Jail or Prison Time: Ranging from a few days for low-value misdemeanors to potentially many years for high-value felonies.
  • Fines: From a few hundred dollars to thousands of dollars, often calculated as a multiple of the value of the stolen property.
  • Probation: A period of supervision by the court, often with conditions such as regular reporting, drug testing, community service, and restitution.
  • Restitution: Requiring the defendant to pay back the value of the stolen property to the victim.
  • Criminal Record: A theft conviction will result in a criminal record, which can have long-term consequences for employment, housing, and other aspects of life.

It’s crucial to consult the specific MCL sections (MCL 750.356 and MCL 750.360 ) for the most up-to-date and precise penalty information, as these laws can be amended.

FAQ 4: Can I be charged with theft even if I intended to return the item?

Generally, yes, you can still be charged with theft-related offenses even if you intended to return the item, depending on the specific crime and the circumstances. The key element in many theft crimes, particularly larceny, is the intent to permanently deprive the owner of their property. However, taking property without the owner’s consent, even with the intention of returning it, can still constitute a crime, such as unlawful use of a vehicle (for vehicles) or potentially other lesser offenses.

The prosecution will often focus on your intent at the time of the taking. If it can be proven that you intended to exercise control over the property inconsistent with the owner’s rights, even temporarily, it could lead to a theft charge. The belief that you would eventually return the item might be considered by the court during sentencing but may not necessarily negate the initial charge.

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Criminal Law FAQs – Drunk and Disorderly

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Criminal Law FAQs – Probation Violations

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FAQ 5: What are some possible defenses against theft charges?

Several defenses may be raised against theft charges in Michigan, depending on the specific facts of the case. Some common defenses include:

  • Lack of Intent: Arguing that you did not intend to permanently deprive the owner of the property. This can be difficult to prove but might be relevant in certain situations.
  • Mistake of Fact: Claiming you genuinely believed the property was yours or that you had permission to take it.
  • Claim of Right: Asserting a good-faith belief that you had a legal right to possess the property (e.g., reclaiming your own property).
  • Coercion or Duress: Arguing that you were forced to commit the theft under threat of harm.
  • Entrapment: Claiming that law enforcement improperly induced you to commit the theft.
  • Insufficient Evidence: Arguing that the prosecution has not presented enough credible evidence to prove beyond a reasonable doubt that you committed the theft.
  • Illegal Search and Seizure: If the evidence used against you was obtained through an unlawful search or seizure, your attorney may file a motion to suppress that evidence.

The success of any defense depends heavily on the specific details of the case and the evidence presented. If you are facing theft charges, it is crucial to consult with a qualified criminal defense attorney to discuss your situation and explore potential defenses.

Facing any Domestic charges in Michigan?

Facing a domestic charge in Michigan can have serious consequences affecting your driving privileges, child raising, finances, and even your freedom. It’s crucial to understand your rights and explore all available legal options.

Contacting an experienced criminal defense attorney as soon as possible is essential. At Komorn Law, our attorneys have a deep understanding of Michigan’s laws and can provide you with a strong defense to protect your rights and future. Call 248-357-2550

Komorn Law

Accused of Domestic Charge? – Better Call Komorn

248-357-2550

Komorn Law
Areas of Service

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Criminal Law FAQs – Domestic Violence

Criminal Law FAQs – Domestic Violence

May 26, 2025 | FAQs, Michigan Laws

Michigan Criminal Laws FAQs

Domestic Violence

According to Michigan State Law, Domestic Violence is not a standalone criminal offense but rather a designation applied to certain crimes when the victim is a “spouse or former spouse, an individual with whom the person has or has had a dating relationship, an individual with whom the person has had a child in common, or a resident or former resident of the same household.”

The specific crime committed could be Assault, Aggravated Assault, Battery, Stalking, or other offenses. However, when the relationship between the offender and the victim falls within the categories defined above, the offense is labeled as “domestic violence.” This designation often triggers specific legal procedures, enhanced penalties in some circumstances, and mandatory considerations by the court.

FAQ 1: What constitutes domestic violence under Michigan law?

Under Michigan law, specifically referencing MCL 769.4a, domestic violence is not a specific crime itself but rather a designation applied when certain criminal offenses are committed against individuals within specific relationships. These relationships include:

    • A spouse or former spouse.
    • An individual with whom the person has or has had a dating relationship.
  • An individual with whom the person has had a child in common.
  • A resident or former resident of the same household.

Therefore, any act that would constitute a crime (such as assault, battery, stalking, property destruction, etc.) becomes an act of domestic violence if it is committed by someone in one of these relationships against the other person in that relationship.

FAQ 2: What are the potential penalties for a domestic violence conviction in Michigan?

The penalties for a domestic violence conviction in Michigan depend on the underlying crime committed and the number of prior domestic violence convictions the defendant has. MCL 769.4a outlines the following potential penalties specifically related to domestic violence assault or domestic violence assault and battery (which are often charged under MCL 750.81):

  • First Offense: A misdemeanor punishable by up to 93 days in jail, a fine of not more than $500, or both. The court may also order the defendant to complete a domestic violence intervention program and pay related costs.
  • Second Offense: A misdemeanor punishable by up to 1 year in jail, a fine of not more than $1,000, or both. The court must order the defendant to complete a domestic violence intervention program and may order probation with terms including substance abuse testing and treatment.
  • Third or Subsequent Offense: A felony punishable by up to 5 years in prison and/or a fine of up to $5,000. The court must order the defendant to complete a domestic violence intervention program.

It’s important to remember that if the underlying crime is more serious (e.g., aggravated assault or felonious assault), the penalties will be those associated with the more serious offense, potentially enhanced due to the domestic violence designation and prior record.

FAQ 3: What is a no-contact order, and how does it affect me?

A no-contact order, as referenced in MCL 769.4a(11) and other related statutes, is a court order that prohibits a person from having any contact with another specified individual. This order is frequently issued in domestic violence cases to protect the alleged victim.

How a no-contact order affects you:

  • Prohibited Contact: It typically forbids you from having any direct or indirect communication with the protected person. This can include phone calls, text messages, emails, social media interactions, letters, or even having a third party contact them on your behalf.
  • Physical Proximity: It often prohibits you from being within a certain distance of the protected person’s home, workplace, school, or other specified locations.
  • Violation Consequences: Violating a no-contact order is a separate criminal offense, often a misdemeanor, which can result in additional charges, jail time, and further legal complications.
  • Duration: A no-contact order can be issued as a condition of bond while a case is pending, as a condition of probation after a conviction, or as part of a civil protection order. The duration can vary depending on the circumstances.
  • Impact on Personal Life: A no-contact order can significantly impact your personal life, potentially restricting where you can live, work, and who you can interact with.

It is crucial to understand the specific terms of any no-contact order issued against you and to strictly adhere to them. If you have questions about the order or believe it is unfairly impacting you, you should consult with your attorney immediately.

FAQ 4: Can a domestic violence charge be dropped if the alleged victim doesn’t want to press charges?

While the alleged victim’s wishes are considered, a domestic violence charge in Michigan cannot simply be dropped because the victim does not want to press charges. The decision to prosecute a case rests with the prosecuting attorney, acting on behalf of the State of Michigan.

Here’s why:

  • Crime Against the State: Domestic violence is considered a crime against the people of the State of Michigan, not just against the individual victim.
  • Coercion and Fear: Prosecutors understand that victims of domestic violence may be hesitant to press charges due to fear of retaliation, emotional dependence, or pressure from the abuser.
  • Evidence Beyond Victim Testimony: Prosecutors will often proceed with a case if there is other evidence to support the charges, such as police reports, 911 calls, photographs of injuries, witness testimony, or the defendant’s own statements.

While the victim’s lack of cooperation can make prosecution more challenging, it does not automatically lead to the charges being dropped. The prosecutor will evaluate all the evidence and make a decision based on whether they believe they can prove the case beyond a reasonable doubt.

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Criminal Law FAQs – Bench Warrant

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FAQ 5: What should I do if I’ve been falsely accused of domestic violence in Michigan?

If you have been falsely accused of domestic violence in Michigan, it is a serious situation, and you should take the following steps immediately to protect yourself:

  1. Do not contact the alleged victim. Even if you believe it’s a misunderstanding, any contact could be misconstrued as harassment or intimidation and could worsen your situation or lead to a no-contact order being violated.
  2. Do not talk to the police or investigators without an attorney present. As with any criminal accusation, anything you say can be used against you. Politely decline to answer questions and state that you will cooperate fully once you have legal counsel.
  3. Hire a qualified Michigan criminal defense attorney immediately. An experienced attorney specializing in domestic violence cases will be crucial in protecting your rights and building a strong defense against the false allegations.
  4. Gather any evidence that supports your innocence. This might include text messages, emails, social media posts, witness statements, photographs, videos, or any other documentation that can help demonstrate the accusations are false. Share this information with your attorney.
  5. Follow your attorney’s advice meticulously. Your attorney will guide you through the legal process, advise you on how to proceed, and represent your best interests.
  6. Document everything. Keep a detailed record of events, communications, and any interactions related to the accusation.

Being falsely accused of domestic violence can have severe consequences for your reputation, freedom, and future. It is essential to seek legal representation as soon as possible to navigate the legal system and present your case effectively.

Facing any Domestic charges in Michigan?

Facing a domestic charge in Michigan can have serious consequences affecting your driving privileges, child raising, finances, and even your freedom. It’s crucial to understand your rights and explore all available legal options.

Contacting an experienced criminal defense attorney as soon as possible is essential. At Komorn Law, our attorneys have a deep understanding of Michigan’s laws and can provide you with a strong defense to protect your rights and future. Call 248-357-2550

Komorn Law

Accused of Domestic Charge? – Better Call Komorn

248-357-2550

Komorn Law
Areas of Service

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Criminal Law FAQs – Assault and Battery

Criminal Law FAQs – Assault and Battery

May 23, 2025 | FAQs, Michigan Laws

Michigan Criminal Laws FAQs

Assault and Battery

According to Michigan State Law, Assault and Battery are distinct but often related offenses. There isn’t one single statute that explicitly defines both terms together. Instead, their definitions have evolved through Michigan case law and are addressed within various sections of the Michigan Compiled Laws (MCL), particularly MCL 750.81 and related statutes.

Here’s a breakdown based on Michigan law:

  • Assault: An assault is generally defined as an intentional act that places another person in reasonable apprehension of an immediate battery. It’s the threat or attempt to commit a battery. Key elements of assault include:

    • An intentional act: The act must be done purposefully, not accidentally.
    • Reasonable apprehension: The victim must genuinely and reasonably believe that a battery is imminent.
    • Immediate battery: The threatened harm must be perceived as something that could happen right now.

  • Battery: A battery is defined as the intentional, unwanted, and offensive touching of another person. Key elements of battery include:

    • Intentional act: The touching must be done purposefully, not accidentally.
    • Unwanted or offensive contact: The touching must be either harmful or considered offensive by a reasonable person. Consent negates battery.
    • Touching: There must be some physical contact with the victim’s person or something closely connected to it (like clothing they are wearing or something they are holding).

FAQ 1: What is the difference between assault and battery under Michigan law?

The key difference is that assault involves the threat or attempt to harm someone, creating a reasonable fear of immediate harm, without physical contact. Battery, on the other hand, involves the actual physical contact that is intentional, unwanted, and offensive. You can have an assault without a battery (e.g., swinging a fist and missing), and a battery is often preceded by an assault (the threat leading to the touching), though not always (e.g., an unexpected shove from behind). While no single MCL defines both, case law and statutes like MCL 750.81 et seq. address these distinct crimes.

FAQ 2: What are the potential penalties for assault or battery in Michigan?

The potential penalties for assault or battery in Michigan vary depending on the specific circumstances and the severity of the offense. Some common charges and their potential penalties include:

  • Simple Assault (MCL 750.81): A misdemeanor punishable by up to 93 days in jail and/or a fine of not more than $500.
  • Simple Battery (MCL 750.81): Also a misdemeanor punishable by up to 93 days in jail and/or a fine of not more than $500. Often charged together with simple assault under the same statute.
  • Aggravated Assault or Aggravated Battery (MCL 750.81a): This is a misdemeanor punishable by up to 1 year in jail and/or a fine of not more than $1,000. Aggravated assault or battery typically involves serious or aggravated injury to the victim or an assault on certain protected individuals (e.g., police officers, emergency medical personnel).
  • Felonious Assault (MCL 750.82): This is a felony punishable by up to 4 years in prison and/or a fine of not more than $2,000. Felonious assault involves an assault with a dangerous weapon (even if no injury occurs).

It’s important to note that these are general penalties, and sentencing can be influenced by factors such as prior criminal history, the extent of any injuries, and other aggravating or mitigating circumstances.

FAQ 3: Can I be charged with assault even if I didn’t physically touch someone?

Yes, under Michigan law, you can absolutely be charged with assault even if you did not physically touch the alleged victim. As defined earlier, assault is the act of intentionally placing someone in reasonable apprehension of an immediate battery. Actions such as making threatening gestures, verbally threatening immediate harm while having the apparent ability to carry it out, or even brandishing a weapon in a threatening manner can constitute assault without any physical contact occurring.

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Criminal Law FAQs – Bench Warrant

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FAQ 4: What are some common defenses to assault and battery charges?

Several defenses may be raised in response to assault and battery charges in Michigan, depending on the specific facts of the case. Some common defenses include:

  • Self-defense: If you reasonably believed you were in imminent danger of unlawful bodily harm and used only the amount of force necessary to protect yourself.
  • Defense of others: Similar to self-defense, this applies if you reasonably believed another person was in imminent danger and used necessary force to protect them.
  • Consent: If the alleged victim consented to the physical contact (this is more relevant in certain contexts like sports or horseplay, but consent must be freely and knowingly given).
  • Lack of intent: For both assault and battery, the act must generally be intentional. If the act was accidental, it might negate the charge (though negligence could potentially lead to other charges).
  • Mistaken identity: If you were not the person who committed the assault or battery.
  • Provocation: While provocation generally isn’t a complete defense, it might be used to argue for a lesser charge or a more lenient sentence.

It’s crucial to understand that the success of any defense depends heavily on the specific details and evidence presented in the case.

FAQ 5: What should I do if I’ve been accused of assault in Michigan?

If you have been accused of assault in Michigan, it is crucial to take the situation very seriously. Here are the immediate steps you should take:

  1. Do not talk to the police or investigators without an attorney present. Anything you say can be used against you. Politely decline to answer any questions until you have spoken with legal counsel.
  2. Contact a qualified Michigan criminal defense attorney immediately. An attorney can advise you of your rights, explain the charges against you, investigate the allegations, and help you build a strong defense.
  3. Do not attempt to contact the alleged victim or any potential witnesses. This could be misconstrued as harassment or witness tampering and could lead to additional charges or complications.
  4. Gather any information you have about the incident. This might include dates, times, locations, names of witnesses, and any photographs or videos that might be relevant. Share this information with your attorney.
  5. Follow your attorney’s advice. They will guide you through the legal process and help you make informed decisions about your case.

Facing any Assault and Battery charges in Michigan?

Facing an assault and battery charge in Michigan can have serious consequences affecting your driving privileges, finances, and even your freedom. It’s crucial to understand your rights and explore all available legal options.

Contacting an experienced criminal defense attorney as soon as possible is essential. At Komorn Law, our attorneys have a deep understanding of Michigan’s laws and can provide you with a strong defense to protect your rights and future. Call 248-357-2550

Komorn Law

Accused of Assault and Battery? – Better Call Komorn

248-357-2550

Komorn Law
Areas of Service

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Other Bodily Fluid House Hearing – HB-4391- Update 5-22-25

Other Bodily Fluid House Hearing – HB-4391- Update 5-22-25

May 22, 2025 | FAQs, Michigan Laws

Michigan House Hearing
HB-4391 Saliva Test Update 5-22-25
Watch the hearing or read the summary.

Click here or image below to see video

FYI: Marijuana although voted to be legalized is still classified as a controlled substance in the State of Michigan and Federally.

More ways to take your money.

SUMMARY:

House Bills 4390 and 4391 would amend the Michigan Vehicle Code to allow for roadside oral fluid (i.e., saliva) tests to screen drivers for the presence of controlled substances, including marijuana. These tests, referred to in the bills as preliminary oral fluid analysis, would be added to several provisions that now apply to preliminary chemical breath tests used to screen
for alcohol. The term other bodily fluid (which includes saliva) would be added to several provisions that now refer to the testing of, or to test results for, an individual’s blood, breath, or urine. The bills are described together below.

Other bodily fluid

Other bodily fluid would mean fluid from the human body capable of revealing the presence of controlled substances or their metabolites, including oral fluid.

Preliminary oral fluid analysis would mean the on-site taking of a preliminary oral fluid test, performed by a peace officer, from the oral fluid of a person for the purpose of detecting the presence of a controlled substance, as that term is defined in section 7104 of the Public Health Code.1

[This definition is currently in the law, except that current law requires the tests to be performed by a certified drug recognition expert, a restriction that applied to a roadside drug testing pilot program conducted in five counties in 2017 and 2018 (Phase 1)2 and more broadly in 2019 and 2020 (Phase 2).3]

Currently, a peace officer may require a person to submit to a preliminary breath test if, among other things, the officer has reasonable cause to believe that the person was operating a vehicle while their ability to do so was affected by the consumption of alcohol or a controlled substance
or that the person was operating a commercial motor vehicle while their blood, breath, or urine contained any measurable amount of alcohol or a controlled substance.

The bills would amend the provision concerning operating a commercial motor vehicle to also apply to any measurable amount of alcohol or controlled substances contained in other bodily fluid. Similarly, provisions that currently apply to a request by a peace officer to submit to a preliminary breath test or to penalties for refusing a preliminary breath test also would apply to a request or refusal to submit to a preliminary oral fluid analysis.

The following would apply to a preliminary oral fluid analysis administered under the bills:

  • It could lead to an arrest based on its results.
  • The results would be admissible in a criminal prosecution for certain drunk or drugged driving violations or in an administrative hearing for one or more of the following purposes:

To assist the court or hearing officer in a determining a challenge to the validity of an arrest.

  • As evidence of the presence or nonpresence of a controlled substance in the defendant’s oral fluid if offered by the defendant to rebut testimony elicited on cross-examination of a defense witness that a preliminary oral fluid analysis showed the presence of a controlled substance that was not found to be present when a chemical test of the defendant’s blood or urine was administered under the act.
  • As evidence of the presence or nonpresence of a controlled substance in the defendant’s oral fluid if offered by the prosecution to rebut testimony elicited on cross-examination of a prosecution witness that a preliminary oral fluid analysis showed no presence of a controlled substance that was found to be present when a chemical test of the defendant’s blood or urine was administered under the act.
  • The person would remain subject to provisions of the act pertaining to chemical tests and administrative hearings regarding chemical tests.
  • A person who refuses to submit to a preliminary oral fluid analysis would be responsible for a civil infraction.
  • Each bill would take effect 90 days after its enactment, and neither could take effect unless both were enacted.

MCL 257.43b and 257.625a and proposed MCL 257.36d

An OUI charge is very serious in Michigan can have serious consequences affecting your job, driving priviledges, finances, and even your freedom. It’s crucial to understand your rights and explore all available legal options.

Contacting an experienced criminal defense attorney as soon as possible is essential. Since 1993 Attorney Michael Komorn lead trial attorney in both state and federal courts has provided a strong defense above and beyond for clients. Contact Komorn Law and  Call our office 248-357-2550 for a case evaluation.

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Komorn Law

Charged Driving High? – Better Call Komorn

248-357-2550

Komorn Law
Areas of Service

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information: