Criminal Law

Assault is defined as: the threat or attempt of force or battery on another that causes the victim to have a reasonable apprehension of imminent harm. In criminal law, assault is defined as an attempt to commit battery, requiring the specific intent to cause physical injury. If you are currently being investigated for or have been charged with the crime of assault it would be in your best interest to hire a qualified attorney immediately. An assault charge is extremely serious and can result in the immediate loss of your freedom.

Assault is considered a violent crime in Michigan. Being accused of assault can result in either a misdemeanor or a felony charge. Either charge will result in jail time, fines, and restitution to the victim, counseling, parole and a mark on your criminal record for life. It can also result in the loss of your rights to own a firearm, loss of employment, lifetime revocation of your driver’s license and a damaged reputation.

At Robert Vitale and Associates we have handled all types of assault cases with excellent results. We will investigate all aspects of the charges against you. We have the experience, knowledge and skills needed to provide you with an excellent defense strategy for your criminal defense case. Our attorneys at Robert Vitale and Associates are committed to standing up for your constitutional rights in a court of law and will help to obtain the freedom you deserve.

In Michigan sex crimes, such as rape and molestation, are classified as Criminal Sexual Conduct or CSC. Being charged with any degree of Criminal Sexual Conduct is a frightening experience for anyone to go through. Whether you are accused of child molestation, rape, date rape, possession of child pornography, or any other sex crime, you can count on Robert Vitale & Associates to aggressively prove your innocence.
Child Molestation
A person’s whole world is changed when accused of criminal sexual conduct involving a child such as child molestation. The accusations are so heinous that “innocent until proven guilty” is thrown out of the window. People facing a situation like this are often presumed guilty by many right at the start. When accused of something like child molestation, you’ll need a good criminal defense lawyer to prove your innocence. We aggressively fight prosecutors in court to get all of the evidence such as the complainant’s privileged counseling records.
Forcible Rape
When charged with rape, it is important to not speak to anyone but a lawyer. Even the most innocent and innocuous statement can be turned against you by police and prosecutors.

Domestic violence is a type of assault and battery where the two parties have some sort of domestic relationship. This includes anyone who you may have been married to, had a child in common with, a resident or former resident of your household, or someone you have/had an intimate and consistent relationship with.

Police often arrest someone for domestic violence on the word or allegation of the complainant alone. Unlike many other offenses, most prosecutors will proceed against people charged with domestic violence even if the complainant/alleged victim wants or demands dismissal. Charges of domestic violence are divisive, emotional, and occasionally are the product of lies in order to gain advantage in a divorce or custody case.

If you are charged with domestic violence you may be required to immediately leave your home, surrender weapons, post a bond, and give up other freedoms. Do no wait to contact an lawyer if you are accused of domestic violence.

Drug Possession and Trafficking

In Michigan, drug offenses or drug charges cover a broad range of offenses, from the less severe, like simple possession of a small amount of certain drugs, to the more serious, such as drug trafficking, participation in an ongoing drug-related criminal enterprise or manufacturing and distributing drugs.

Whether a person accused of a drug-related offense is prosecuted in the federal or state criminal system depends on what laws were violated and the policies and procedures of each court system. Most federal and state prosecutors divide up criminal charges based on availability of resources, which statute most closely fits the criminal conduct, available punishment in each system, and each system’s policy considerations.

Drug offenses, such as drug trafficking, carry harsh penalties, particularly under the federal law. The federal sentencing guidelines may be summarized as follow: the higher the offense level, the harsher the sentence. The base offense level under the federal guidelines differs for different drugs and for different amounts of the same drug. It is essential for an accused to be represented by attorneys who have experience navigating these sentencing issues.

Sentencing guidelines are constantly being revamped. For current information on drug-related penalties, go to http://www.dea.gov/pubs/csa.asp.

Laws against drunk driving keep getting tougher. Police and prosecutors are specially trained in how to find and try a DUI case. Even worse, many innocent people are convicted of drunk driving based on a flawed breathalyzer test, or an unchallenged/unconstitutional stop.If you have been charged with Operating While Intoxicated (OWI), Operating Under the Influence of Liquor, Drugs or Narcotics, (OUIL, OUID, OUIN), or any other drunk driving crime, you need Vitale & Associates on your side. In most cases drunk driving is a serious misdemeanor and carries substantial penalties. These penalties include jail time and losing your ability to drive legally.

Operating your motor vehicle while under the influence of drugs (OUID, OUIN) carries the same penalties as drunk driving. However, as the law now stands, if you have ANY trace amount of ANY illegal drug or controlled substance without a valid prescription you can be charged with OUID or OUIN. You’ll need a successful and proven trial lawyer to help prove your innocence in these cases.

One fact is certain: the United States Government monitors internet activity. Whether an individual is simply “surfing the net”, downloading content through peer-to-peer file-sharing programs, or communicating in a chat-room, law enforcement surveillance should be assumed, and there is no anonymity in an individual’s of his or her computer. Based on internet surveillance and monitoring, federal agents investigating internet crimes can and do obtain warrant to seize computers. And, contrary to common belief, deleting a file or content from a computer does not make it disappear. Federal agents investigating internet crimes possess the computer programs, time, and funding to retrieve date thought deleted or destroyed.

Computer hacking, fraud, credit card fraud, identity theft, internet extortion, investment fraud, Ponzi/pyramid schemes, investment fraud, lotteries, internet auction fraud, phishing/spoofing (forged electronic documents), and spam can all result in an investigation and potential prosecution for federal internet crimes, or cyber-crimes.

Internet crimes such as acquiring, possessing, and distributing child pornography over the internet often carry mandatory minimum sentences of imprisonment and sexual registration as a sex offender. It is not uncommon for an curious individual merely looking at images on the internet to find themselves under investigation and indictment for internet child pornography crimes. The potential consequences to freedom and public standing can be disastrous.

In Michigan the most serious criminal charge is murder. Murder charges can be very involved and therefore, deserve very careful attention. Convictions arising from the charges below carry very lengthy prison sentences including life without benefit of parole. Your lawyer must be very skilled and experienced to handle these types of cases. If you are convicted of murder, or attempted murder, contact Robert Vitale & Associates. The lawyers at Robert Vitale & Associates have defended clients of:

• First Degree Murder
• Second Degree Murder
• Manslaughter
• Negligent Homicide

Whether it is first, second or third degree murder we are prepared to defend you.

Theft cases include everything from minor shoplifting on up to complex white-collar crimes involving very large amounts of money. Naturally, the greater the amount of the theft, the more serious the case is. Theft occurs when you take something without the intention of returning it. You can also be charged with Theft if you intend to return the thing of value, but refuse to return it until you are given something that you are not legally entitled to.

As with any crime, the facts surrounding the case will determine what sentence a judge will likely give for theft. A sneaky and conniving theft is Theft likely to be punished more harshly than a theft committed on impulse. If there was a complicated, well-thought-out scheme to the theft, the defendant may be in trouble at sentencing. Likewise, the higher the dollar amount of the theft, the more aggravated the sentence will be. Judges also don’t like defendants that stole from their employer, or even worse, an at-risk adult or a child.

The amount of the theft that you are accused of can be a combined total of separate incidents of theft. For example, if you are accused of stealing smaller amounts on several occasions, which, added together amount to over $1,000, you will likely be charged with a felony. A person can be charged with Theft by Receiving if they received, stored, transported, or sold something they know has been stolen.