by Van Den Heuvel Law Office

In Michigan, an assault and battery offense is categorized as a misdemeanor, which can result in up to 93 days in jail along with $500 in fines. Those convicted may also need to report to a probation officer for months following the incident. A five-second scuffle can leave the defendant fighting against criminal charges that put their future at risk. Understanding the difference between assault and battery is key to securing a favorable outcome. Call our criminal defense attorneys at Van Den Heuvel Law to explore possible solutions. 

What Is the Difference Between Assault and Battery in Michigan?

In Michigan, assault is defined as an attempt to physically injure another person. For instance, if someone attempts to hurt someone using an object, it would be considered an assault. Assault also includes any intentional action or threat of an action, such as taunting with a weapon or raising a fist. 

Battery, however, is an intentional act of violence or force against someone. Punching someone or hitting them with an object is deemed battery. “Assault and battery” are usually categorized together since they typically occur together. Under the law, battery is a completed violent process. Without a weapon, assault and battery might be considered a misdemeanor, while cases involving weapons involve more severe consequences. 

Can Someone Be Charged for Both Assault and Battery?

An individual can be charged with either an assault or with assault and battery in Michigan. Assault includes a threat of violence, and battery indicates the act was completed. Therefore, penal code considers these two to happen hand-in-hand if someone is physically harmed. “Assault and battery” charges are often simply called “battery” as a result. You won’t face separate charges for both assault and battery. 

Are Michigan Assault and Battery Charges Considered Felonies?

Generally, assault and battery are misdemeanors in Michigan. However, they may be charged as felonies in certain cases and therefore lead to harsher punishments. These situations include: 

• Assaults involving a deadly weapon, such as a knife or a gun
• Intentions to murder or cause severe bodily injury
• Intentions to commit another felony
• Defendant has a history of domestic assault or assault and battery convictions
• The crime targeted a pregnant woman, law enforcement, emergency medical workers and other protected classes

Reasons to Hire An Attorney If You Were Accused of Assault and Battery

Just like how the terms assault and battery are often misunderstood, these charges usually happen due to complicated situations involving “he-said-she-said” claims. For instance, something as simple as self-defense can result in assault and battery charges, as well as inaccurate witness testimonies. No matter what your exact situation is, an attorney is a major source of guidance and clarity when you need it the most. Van Den Heuvel Law offers the support you need. 

Call our firm today to schedule an initial consultation with a criminal defense lawyer. We are ready to help you learn how you can protect your rights when facing assault and battery charges. 

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by Van Den Heuvel Law Office

A single traffic conviction can have lasting impacts. If you have a traffic crime on your record, you may be eligible for expungement. Expunging a record means that the crime will not be publically visible, and you are not obligated to disclose it. Applying for employment, rent and other important matters will be easier since the crime will not come into play when a background check is completed. However, if you’re trying to expunge a traffic violation in Michigan, there are certain laws and limitations you must be aware of. A Grand Rapids criminal defense lawyer at the Van Den Heuvel Law Office can help you explore your options at a private consultation. 

Understanding Expungement Laws in Michigan

Expungement is the process of removing criminal convictions from a record. An expunged record means that the crime will be inaccessible to the public, but it will still be available to law enforcement. 

In the past, expungement in Michigan was only available for specific circumstances, and several pre-conditions had to be fulfilled. Traffic offenses were among the convictions that could not be set aside. When the Clean Slate Act became effective in 2021, Michigan laws were updated to allow traffic offenses to be eligible for expungement in certain cases. Laws changed further on February 19, 2022, when Michigan’s legislature was revised to allow first-time OWI convictions to be qualified for expungement as long as the incident did not cause an injury or death. The following convictions may be eligible to be expunged from a record: 

• Driving with a blood alcohol content (BAC) greater than 0.08
• Driving while visibly intoxicated or using a controlled substance
• Having a BAC of at least 0.02 when operating a vehicle before the age of 21
• Driving while under the influence of cocaine or a Schedule 1 restricted narcotic in any amount

What Traffic Offenses Are Eligible For Expungement?

With these laws in place, several types of traffic offenses are eligible for expungement once a certain length of time has passed. For general criminal convictions, an individual may expunge up to two assault convictions, three felonies, one DUI offense and an unlimited number of misdemeanors. 

If you are convicted of more than one traffic-related felony for the same offense, and the punishment involves more than 10 years of jail time, you cannot expunge these crimes from your record. Other unqualified convictions include a DUI charge related to an accident that led to injury or death, driving while intoxicated with a Commercial Driver’s License and any traffic offenses that caused an injury or death. 

Discuss Your Case With an Attorney

A criminal record can have lasting impacts on your life, and traffic offenses are no exception. Since expungement may not be available for everyone, it’s important to review your case with a knowledgeable Michigan criminal defense attorney. The Van Den Heuvel Law Office provides insight into your situation and uncovers what options are available. Contact our firm for an initial consultation to discuss the possibility of expungement.

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by Van Den Heuvel Law Office

Co-parenting is the joint effort of both parents to provide for a child after the marriage has ended. While co-parenting may not be the best option in instances of abuse, domestic violence and other serious family issues, most children will benefit from retaining close bonds with both parents. That being said, it’s often challenging for divorced couples to successfully share parenting responsibilities. An attorney can help. Talk to a family law attorney at the Van Den Heuvel Law Office to determine a parenting plan that will work for your circumstances. 

How to Make Co-Parenting Work

Co-parenting is more successful when parents are able to remove their personal relationship with their ex from their co-parenting one. Starting to view your relationship with your ex as a brand-new one in which the best interests of your children come before either of your needs is often beneficial. 

Even though your marriage is gone, your family isn’t. Your children’s needs should always come first, as prioritizing your children is the first step in mature, accountable co-parenting. Through a co-parenting strategy, your kids will understand that they take priority over the issues that led to your divorce—and know that your love will remain constant even when change is affecting your family unit. Kids benefit significantly when their parents have a collaborative partnership, so by understanding that, parents can focus on what’s most important.

Separate Feelings and Behavior

Feeling angry or hurt is understandable when dealing with your ex, but don’t allow those emotions to control your behavior. Be motivated to act, knowing that cooperating with the other parent is what’s best for your children. Avoid venting to your child: find a healthy outlet for your feelings. If you’re angry or upset, remind yourself why you should act with grace. Your child’s well-being is affected by your divorce, so staying focused on your child can help you separate your own feelings from how you act. 

Improve Communication With the Other Parent

Purposeful and respectful communication is key to successful co-parenting—no matter how difficult it may seem. Begin by adjusting your mindset. View communicating with the other parent as means to an end, which is your child’s future. Before contacting your ex, consider how your behavior will impact your child and how you can act accordingly. Your child should remain the focal point of every decision you make. 

Act Like a Team

Regardless of your personal feelings towards your ex, remember that communicating properly and working together makes the process easier for everyone. Aim for geniality and teamwork. Keep discipline and rules relatively consistent across both households. Even if schedules and restrictions aren’t the exact same, establishing guidelines and communicating with your ex-spouse reduces confusion for your kids. 

Turn to an Attorney for Assistance

The road to successful co-parenting after a divorce has many hurdles, but creating an effective strategy is possible alongside a lawyer. Call the Van Den Heuvel Law Office to speak with a knowledgeable family law attorney about your case. We can provide guidance to make this transition easier for you and your kids.

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by Van Den Heuvel Law Office

White collar crime is a category of the law that focuses on financial-related transgressions made by corporate and government officials. While white collar crime is not violent, it is a gross assumption that it is a “victimless crime”. Quite the contrary, people who commit these crimes can destroy companies and financially devastate families. It’s important to understand what it means to be a white collar criminal and know that the implications of such crimes can be long-lasting.

Type of Crimes

Like any other area of the law, white collar crimes can include a number of transgressions. Many of the offenses focus on greed, lying, cheating, and stealing. Generally, the accused is in a position of trust where they are charged with managing money or allocating funds. While there are certainly a variety of white collar crimes, some of the most common ones include:

• Embezzlement – Embezzlement generally indicates that the person used money improperly. This can range from simple theft (a person stealing money directly) or a person taking extra funds that they did not earn (skimming money).
• Fraud – Fraud is the direct misrepresentation of facts that causes a person to give money or property. Fraud is intentional and often requires forethought and planning.
• Conspiracy – Conspiracy is the agreement to commit the crime. In order to prove conspiracy, there must be direct evidence that indicates a person was planning to follow through with a criminal act.
• Bribery – Bribery is when you offer or take money as a means to seek preferential treatment. The persons giving and receiving money are both held legally accountable.
• Money laundering – Money laundering is providing a front for illegal income. For example, if a restaurant works as a “front” for an illegal gambling operation.

Potential Outcomes in Court

White collar crimes can range from misdemeanors to felonies. Generally, the amount of money or potential impact that the crime has on a person or business will define how the crime is classified. Other things that are considered are the amount of power that the accused had and whether or not they were abusing a position of trust or if they planned the crime. Likewise, punishments can range from probation to lengthy prison terms. However, it is possible that some white collar crimes are unknowingly committed. In some instances, people are simply unaware that what they are doing is wrong. While ignorance is not a defense, it is much different than meticulously planning a crime.

Defense Attorney in Grand Rapids, Michigan

Each criminal case requires the proper attention and defense. If you or someone you know needs representation in a white collar case, contact the professionals of Van Den Heuvel Law Office. Located in Grand Rapids, Michigan, we are well-versed in white collar law and what it means to provide quality defense. These types of cases can be complicated and require a professional eye to help you through the process. Know that you are not alone. There are people who can help you. Contact our offices today for a consultation.

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by Van Den Heuvel Law Office

Driver’s license suspension can significantly complicate your life. If you don’t have a driver’s license, you may have trouble getting to work, caring for family members and handling other responsibilities. Michigan’s public transportation systems aren’t always efficient, and having a car is essential to so many day-to-day operations. So it’s no surprise that license suspension can completely transform a person’s routine. 

Despite the inconveniences, don’t allow yourself to be tempted to drive on a suspended license. There are severe repercussions if someone is found to be driving with a revoked license. Your first step should be to contact a criminal defense lawyer who is experienced in Michigan traffic law. For specific legal advice, call the Van Den Heuvel Law Office.  

Reasons You May Lose Your Driver’s License in Michigan

There are many possible reasons someone may lose their driving privileges, and many causes of driver’s license suspension are related to traffic offenses. Michigan judges may choose license suspension as an appropriate sentence for a range of criminal charges, including: 

• DUI/OWI 
• Driving recklessly
• Driving while uninsured
• Hit-and-run accidents
• Fleeing from law enforcement
• Other traffic violations or driving offenses

No matter the reason your driver’s license was suspended, you can face jail time and other charges if you drive without a valid license. In Michigan, driving on a suspended license is considered to be a misdemeanor. If it’s your first offense of this kind, you may face up to 93 days in prison and fines of up to $500. Subsequent convictions result in higher penalties, including a year in prison and $1,000 in fines. 

Differences Between License Revocation and Suspension

Driving with a revoked license is generally more serious than a suspended license. When a driver’s license is revoked, the only way to regain your driving privileges is through license restoration, which involves plenty of paperwork, hearings and other steps. A revoked license is notoriously more difficult to solve than a suspended license, which is automatically reinstated once the sentence has been completed. 

Michigan Laws For Driving With a Suspended License

The penalties for driving on a suspended license are often more severe if you were involved in an accident. What would have been a misdemeanor becomes a felony. If someone was hurt, or if the damage is serious, the penalties will likely be even higher. Depending on the exact circumstances, the charges may include fines between $1,000 and $5,000, as well as up to 5 years in jail. Driving under suspension and causing an accident that results in someone else’s death could mean 15 years of jail and fines of up to $10,000. 

Call to Receive Dependable Legal Advice Regarding Your Case

It’s common for individuals to drive on a suspended license, sometimes without even realizing it. A suspended license can severely complicate many aspects of your life, so talk to a knowledgeable attorney right away to explore possible solutions. Schedule an initial consultation at the Van Den Heuvel Law Office to begin working towards a resolution in your traffic offense case. 

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by Van Den Heuvel Law Office

Sexual harassment refers to acts of sexual misconduct. These actions may take the form of unwanted sexual advances, the pressure to give sexual favors or even sexual assault or rape. In Michigan, issues involving sexual misconduct are categorized as a criminal statute for criminal sexual misconduct. Instances of sexual harassment can involve date rape. Some people are particularly vulnerable due to their age. There are various levels of consent for those who are underage, and that’s especially true for situations involving professors or student aids. 

If you are facing accusations of sexual misconduct on campus, contact an attorney at the soonest opportunity. A Michigan criminal defense lawyer is your greatest ally in building a legal defense. Discuss your individual circumstances with our attorneys at Van Den Heuvel Law Office. 

How Sexual Misconduct is Defined on Campus

There are two standards that can be used to define incidents of sexual misconduct on campus. First, the college acts in loco parentis, meaning that the college functions in place of the parents. Even though a student may not be under strict supervision, there is a certain amount of supervision provided under the student code of conduct. The student code of conduct outlines appropriate behavior and details what constitutes sexual misconduct. Some schools follow the state’s guidelines for handling a student who is accused of sexual misconduct. Certain universities determine whether a student can stay on campus or avoid negative write-ups following an incident. 

The statute on criminal sexual conduct is the second of Michigan’s standards for defining campus sexual misconduct. The statute defines four degrees: three of these involve felony criminal sexual conduct, while the fourth degree is a high-court misdemeanor that is punishable by imprisonment. 

The judicial system becomes involved by the requirement of a criminal standard. If a student is convicted of criminal sexual conduct, then he or she may receive prison time and/or a criminal record, depending on what level the incident is categorized as. The punishment may also involve expulsion, counseling or both, according to the university’s code of conduct. Individuals charged with a sex-related crime need to discuss their situation with a Michigan defense lawyer immediately. 

Common Incidents That May Lead to a Sexual Misconduct Allegation

There are several common situations on a campus that may result in sexual misconduct allegations, particularly those involving alcohol or drugs. When under the influence of substances, the person’s inhibitions may be decreased, putting that person in a situation where they might not comprehend no for an answer, or are unaware of their actions and the potential consequences. 

Certain on-campus organizations may serve as opportunities for students to consume alcohol and drugs and participate in high-risk behaviors. These incidents can unintentionally lead to assault, sexual harassment or rape. 

If You Face Sexual Misconduct Allegations, Hiring a Criminal Defense Attorney Is Important

Sexual misconduct charges can have devastating impacts on a student’s life. This experience can prove to be difficult for the individual charged, and he or she risks expulsion and other severe consequences. Acting quickly alongside a Michigan criminal defense attorney can help to protect your rights. Discuss the next steps with an attorney at Van Den Heuvel Law Office. 

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by Van Den Heuvel Law Office

Property division is one of the most contested issues in a divorce. Michigan law allows only marital property to be split in a divorce, meaning non-marital or separate property is not divided but instead kept by the spouse who owns that property. Assets and debts are both considered in a divorce and are therefore divided, but they aren’t necessarily split equally. Instead, Michigan property division works according to “equitable distribution,” in which each spouse receives a portion that’s fair to him or her. 

Property division sometimes becomes very complicated, especially when determining what is considered “property.” If you’re preparing for a divorce, you likely want to know which assets will be considered marital or non-marital property. Inheritance is one type of property that is commonly brought up in a divorce case. How an inheritance will be divided depends on many factors in your individual case, so call our attorneys at Van Den Heuvel to discuss the next steps. 

When Did You Receive the Inheritance?

There are many different kinds of inheritances, such as monetary ones, physical property such as furniture or even real estate. When it’s time to determine whether an inheritance will be divided, however, our attorneys will first need to know when you received your inheritance in order to classify it. Did you receive the inheritance before the date of marriage or sometime thereafter? 

No matter what your answer is, we’ll need to ask several important follow-up questions to decide if your property will be divided in your divorce. 

Who Was the Inheritance Given To?

While this question may seem obvious, your attorney will need to know more about who received the inheritance if you were given the property after the date of your marriage. For instance, did your loved one clearly specify that the inheritance was only for you, or was it intended to be inherited by your family? Typically, inheritance is classified as separate property if it was received after the marriage date but given to only one spouse. 

How Was the Inheritance Used?

Even if your inheritance appears to be separate property—either because you received it prior to your marriage or it was given only to you if you inherited it after your marriage—the court still has several ways to classify the gift as marital property. 

Our attorneys will need to know the answers to the following questions: Did you commingle or combine the inheritance with any other marital property? If you did combine the property in some way, it is sometimes more difficult to split the non-marital and marital assets in the divorce process. 

Call a Michigan Divorce Attorney for Assistance

Property division is sometimes one of the most contentious issues in a divorce. You wish to protect your rightful inheritance, and in order to do so, you should discuss your concerns with a Michigan divorce attorney. Van Den Heuvel Law Office is available for a case evaluation. Contact us today to learn what to expect during the divorce property division process. 

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by Van Den Heuvel Law Office

If you were accused of violating a probation order, you will be given a court date to speak with the judge who determined your sentence or another judge who is in charge of the original judge’s docket. Probation violations are frequently taken seriously by the court for many reasons, such as to protect the judicial system’s integrity, to defend the community, to deter others from violating their probation order and to uphold the offender’s need for rehabilitation. 

Multiple factors influence whether a probation violation results in jail time. A Grand Rapids criminal defense attorney at the Van Den Heuvel Law Office can review your case so you know what to expect. 

What Determines Whether a Probation Violation Will Lead to a Prison Sentence?

Before sentencing a probationer to jail for a violation, the court must determine whether the defendant actually violated his or her probation order. You have the right to a contested hearing. In this hearing, you are presumed to be innocent, and the prosecution has the burden of proof of showing that you violated the probation. The probationer is also allowed to have an attorney, and you may cross-examine and subpoena witnesses. You may also choose to testify or exercise your right to remain silent. If the opposition cannot prove the violation occurred, you will continue your original probation sentence. 

However, if the probationer pleads guilty or no contest to the accusations, they will receive sentencing by the judge. The judge’s decision is influenced by several factors:

• The Nature of the Probation Violation. Certain violations are treated with greater severity than others. For example, a new criminal charge is much more serious than a failure to pay court fines. If the violation attacks the judicial system’s integrity, such as tampering with a drug test, then the probationer faces much harsher consequences. Violations that may potentially put the public at risk are also much more likely to be met with severe sanctions, such as if the probationer is charged with a DUI. 
• Repeat Violations. In certain circumstances, the judge may allow the defendant to continue with their original probation order even after a violation. However, if this isn’t the probationer’s first offense, the chances of incarceration may increase. 
• Mitigating Circumstances. The court may consider mitigating circumstances in regard to the violation. For instance, if the probationer missed a meeting with their probation officer due to a death in the family, their attorney can present this issue to the court. 
• Alternative Sentencing. Rather than ordering jail time, the judge may enact an alternative sentence depending on the probationer’s violation. For example, drug use or mental health issues may warrant rehabilitation instead of a prison sentence if these are deemed to be more beneficial. 

Contact a Grand Rapids Criminal Defense Attorney to Review Your Options

If you were accused of violating a probation order, jail time is a possible sentence depending on your circumstances. However, it is not a guarantee, especially when you work alongside a criminal defense lawyer at the Van Den Heuvel Law Office. We are prepared to protect your rights. Call today for a consultation.

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by Van Den Heuvel Law Office

During a divorce, your retirement account likely isn’t your immediate concern. Divorce involves many complex decisions, such as arranging child custody and spousal support, and your attention is focused on contending with those matters. Retirement funds can’t be accessed for many years, after all. But divorce is often a long and complicated process, and when it’s time to divide your marital assets, you may worry for your future at the prospect of losing your retirement investments. 

There are several ways that retirement accounts may be divided in a divorce. Contact a Michigan divorce lawyer at Van Den Heuvel Law Office to discuss your situation. 

How a Divorce Can Impact Retirement Accounts

Typically, retirement accounts and investments are split equitably in a Michigan divorce. This means that the assets aren’t necessarily split to an equal 50-50. Instead, the court will decide what amount is fair based on the support histories of each spouse. Accounts that may be split include: 

• 401(k) plans
• IRA and Roth IRA plans
• Stocks
• Pensions

These accounts are divided between the spouses unless one party made no contributions, whether monetarily or by supporting the other spouse’s earnings. While some retirement accounts are divided by an even 50-50 split, they are usually divided while considering other assets relevant to the divorce. For instance, the court may also consider cars, the family home and other marital property while deciding how the retirement accounts will be split. 

What Is a QDRO?

A QDRO, or a “qualified domestic relations order,” is legal documentation that avoids tax consequences while splitting retirement and investment accounts. The court uses a QDRO to decide the exact amount that each spouse will receive from the accounts that will be divided. Typically, the benefits are paid at the standard retirement age. 

Divorcing couples should also be aware of the Retirement Equity Act, which determines how retirement accounts will be split between both spouses in a divorce. This federal law uses the QDRO when ordering the specific dollar amounts that will be granted to each party.

What If I Acquired My Retirement Funds Before My Marriage?

If a spouse acquired their retirement or investment funds before the marriage, then the original amount may be granted in whole to the spouse who made the investments. If the courts deem the funds to be non-marital property, then the spouse will retain the entire amount. However, if the retirement accounts gained interest during the course of the marriage, that value will likely be considered divisible between spouses in the QDRO. 

Contact the Van Den Heuvel Law Office to Speak With An Attorney

Divorce is often a contentious time for your family. Before progressing to the next steps, you should call our Grand Rapids divorce lawyers at the Van Den Heuvel Law Office to discuss your case. We provide in-depth legal guidance for clients seeking assistance with property division and other key divorce-related matters. If you are concerned that your divorce will put your retirement funds at risk, we can help you determine a course of action.

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by Van Den Heuvel Law Office

Gun and dangerous weapons charges are among the most serious crimes under Michigan law. Due to the potential for causing harm or death to others, law enforcement officers crack down on investigating these crimes. Plus, prosecuting attorneys are aggressive in pursuing the charges, and will take all legal action necessary to secure a conviction. Without an attorney, an accused individual puts his or her rights at great risk.

If you’re facing weapons charges in Michigan, it’s critical to consult with the criminal defense attorneys at Van Den Heuvel Law Office right away. Our experienced lawyers have represented many individuals accused of weapons crimes, using proven defense strategies to fight the charges.

A Weapon Charges Conviction Has Serious Implications

A conviction for weapons offenses can mean prison time and hefty fines, but the state must still prove the case beyond a reasonable doubt. Our knowledgeable attorneys will advocate on your behalf and ensure protection of your legal rights, including charges related to:

• Felon in Possession of a Firearm: A person convicted on a previous felony charge must meet certain legal requirements before he or she can lawfully carry a gun. Violations of the law can lead to a felony conviction, which carries a prison sentence up to five years and a maximum fine of $5,000.
• Carrying a Concealed Weapon: Under Michigan law, it’s a felony to carry firearms and certain dangerous weapons, including daggers, stilettos, and double-edged knives. If you’re convicted for an offense under this section, you may be sentenced to a maximum of five years in prison and be ordered to pay a fine up to $2,5000.

Note that there are certain exceptions:

• Hunting knives are excluded from the description of the offense.
• If you have the proper license and are carrying a firearm consistent with that license, there is no crime.
• There are no restrictions upon carrying a dangerous weapon or firearm within your own home, place of business, or upon land that you possess.
• Illegal Weapons: There are certain weapons that lawmakers have determined have no legal purpose, so there is an outright ban on possession, manufacturing, and selling them. Illegal weapons include:
  • Machine guns;
  • Bombs;
  • Metal knuckles;
  • Mufflers or silencers; and,
  • Other weapons listed in the statute.

Contact a Michigan Weapon Charges Defense Lawyer Right Away

You put your legal rights at risk if you attempt to represent yourself in connection with weapons charges, so you’ll need a skilled attorney to defend your interests in court. The attorneys at Van Den Heuvel Law Office are committed to fighting the allegations, identifying weaknesses in the case against you, and obtaining the best possible outcome under the law. If you’re facing weapons charges, time is of the essence to speak with a member of our legal team. Our lawyers have been representing clients throughout Michigan in criminal defense cases for many years, so please call us or visit us online to discuss your situation.

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