Call Me: 248-924-9458

Ann Arbor Domestic Violence - 
Will the Prosecutor Charge You?

The Charging Decision

The charging decision is solely the prosecutor’s. People v. Barksdale, 219 Mich App 484 (1996). The prosecutor should charge the maximum charge supported by the evidence. Some traditional factors considered when making the charging decision include the possible deterrent value of the prosecution to the offender and society, the likelihood of conviction, and the interest of the victim.

The possible deterrent value of the prosecution to the offender and society in general

Robust domestic violence charging and prosecution has both a general and specific deterrent value. It can deter batterers from continuing criminal behavior and can help to change society’s attitudes and deter future criminal acts by others. For example, in a case where the batterer strangled the victim, choosing to charge an assault with intent to do great bodily harm rather than the lesser charge of simple assault or aggravated assault, sends the message to the victim, the batterer and the community that domestic violence is as serious as other violent crimes.

Of course, prosecution is simply one part of the criminal justice system’s response to domestic violence. Prosecution’s deterrent effect depends upon the sentence imposed; the more intrusive the sentence, e.g. a mixture of incarceration and intensive probation, the greater the deterrent effect. 

The likelihood of conviction

All prosecutors consider the likelihood of conviction when deciding whether and what to charge. At first glance, it may look like there is little likelihood of conviction in a case where a victim of domestic violence has recanted and has chosen not to participate. However, by looking at the same case through the lens of evidence-based prosecution and by using the strategies and techniques from the rest of this manual, the likelihood of conviction can be much higher than originally thought. Evidenced-based prosecutions have proven to be successful.

To learn more about domestic violence in Michigan, click here. 

---