Drias Law Group knows how to negotiate with the prosecutor and get you the best outcome possible. Call our legal team today at (313) 944-0236 or use our online contact form.

Assault & Battery Can Be a Misdemeanor or a Felony

Assault has many sides to it. In Michigan, the crime is:

• An attempt to cause physical injury to the alleged victim
• An intentionally unlawful act or threat of action
• When the accused appears to have the ability to execute the threat, and the action involved by the accused causes a person to fear impending violence

Under Michigan law, battery is the infliction of force or violence against another. It’s the result of the threat or the attempt to injure another, ending in physical contact. What starts as an assault can end with a battery, resulting in an assault and battery charge. Those involved in a fight might both face the same charge.

These crimes are charged as a misdemeanor or a felony, depending on the situation. Potential jail time varies from 93 days to life in prison, based on several issues, including the victims involved, whether a weapon or object was used, and the type of injury incurred.

An assault and battery committed without a dangerous weapon are usually charged as a misdemeanor – unless it’s a domestic violence case or involves a law enforcement officer, emergency medical personnel, or another specific type of victim. Aggravated assault and battery that causes serious injury to another are also misdemeanors, though the possible jail time is longer.

Assault can be a felony if it’s made with the intent of causing great bodily harm, committing murder, or another felony. Assault and battery can be a felony if perpetrated against law enforcement, a human services worker, or a pregnant woman. Both assault and battery is a felony if it involves a dangerous weapon.

Another reason these crimes can be felonies is your past criminal record. If you have two or more prior convictions for domestic assault or assault and battery, you’ll be charged with a felony for the new offense.

Defending Yourself Against an Assault & Battery Charge

Defenses to these charges depend on the facts of the situation. A common one is self-defense. You may not deny what you said or did. You would assert you were justified in protecting yourself or others.

Under Michigan law, you do not need to retreat and can defend yourself if you’re not committing a crime and you’re in a place you have a legal right to be and:

• You may use deadly force if you honestly and reasonably believe it’s necessary to prevent the imminent death, great bodily harm, or a sexual assault on yourself or another
• You can use less than deadly force if you honestly and reasonably believe it’s needed to defend yourself or another from the imminent unlawful use of force

You could also defend yourself by claiming the incident never happened or, if it did, another person committed the crime. If you have evidence, you could claim you were somewhere else at the time. If witnesses are claiming you were involved, their credibility might be questioned.

Contact an Experienced Michigan Assault & Battery Attorney

A misdemeanor or felony assault and battery charge can profoundly impact your life and the lives of your family. You could spend time in jail and pay a hefty fine. To avoid or reduce these consequences, get skilled and experienced legal help to protect your legal rights and freedom. There’s too much at stake to try to do it alone.

Attorney Martin Drias is experienced with criminal law, negotiating plea bargain agreements, and representing clients at trials as a prosecutor and defense attorney. He will vigorously defend your rights and use the most effective strategies to fight for an outcome that minimizes the penalties you face.

Contact Drias Law Group at (313) 944-0236 today to schedule a free no-risk consultation.

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Attorney Davis worked alongside his immigration attorney to figure out the best way to approach the client’s case. As a result of negotiations and a strategic defense, the case was completely dismissed. As such, the client was not required to complete probation or deal with any other consequences.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

The post Domestic Assault Case Dismissed appeared first on Drias Law Group, PLLC.

In many cases, an attorney can examine the evidence in your case and negotiate with the prosecuting attorney to get charges reduced. In some cases, we may even be able to get your case dismissed when there is insufficient evidence to prove your guilt. Our attorneys at Drias Law Group have handled many violent crime cases and have the experience necessary to assist with your defense. Schedule a consultation by calling (313) 944-0236 or use our online contact form.

Aggravated Assault Definitions

A person commits assault without a weapon with the intent to murder or cause great bodily injury and who causes serious or aggravated injury is guilty of misdemeanor assault. Misdemeanor assault resulting in injury is punishable by up to one year in jail and up to a $1,000 fine.

A person who commits assault on a family member such as a spouse or person they are in a dating relationship with may be charged with felony assault. Felony assault on a household member is punishable by up to five years in prison and a $5,000 fine. A “dating relationship” means more than casual friendship or acquaintance.

Defenses to Aggravated Assault

If you have been charged with aggravated assault, you may have a defense to the crime. Following are some of the most common defenses raised an aggravated assault case:

• Insufficient evidence – In some cases, there is insufficient evidence to prove your case. For example, if the victim is unlikely to make a credible witness or refuses to cooperate with the prosecution, the state may be unable to prove its case.
• Lack of intent – The state must prove that you had the intent to cause great bodily injury or to commit murder. If serious injuries were caused by an accident, you lacked the intent to commit aggravated assault.
• Self-defense – If you reasonably believed that you or another person were in danger of death or great bodily injury and used only the force necessary to protect yourself or another person, you may be able to raise an affirmative defense that you were acting in self-defense.
• Lack of capacity – If you were unable to understand right from wrong or conform your conduct to the requirements of law because of a mental disease or defect, you may be found not guilty by reason of insanity. The insanity defense is risky because it is unpopular with juries, difficult to prove, and may even result in a longer time in confinement than a sentence rendered after a guilty verdict.

Plea Negotiations

Many cases are resolved with a guilty plea. An attorney may be able to help you get charges reduced by pointing out mitigating factors in your case to the prosecuting attorney. If you had no criminal history, you may be able to receive a lesser sentence than a defendant who has prior convictions for violent felonies.

A common misconception about assault and battery cases is that if the victim does not want to press charges then the case will be dismissed. It is actually up to the prosecuting attorney to decide whether or not to go forward with the case. The prosecutor in a criminal case represents the interests of the state, not the victim. Sometimes prosecutors will move forward with a case against the wishes of the victim, especially if serious injuries are involved. Usually, prosecutors take the victim’s wishes into account and often will agree to dismiss charges or agree to allow a defendant to plead guilty to a lesser charge if an alleged victim does not want to testify against the defendant.

Trial

If you have been charged with aggravated assault, you have a right to request a jury trial, even if you are charged with misdemeanor assault. The decision to proceed to trial or to plead guilty is one you should make after reviewing the evidence with an aggravated assault attorney. In many cases, the prosecution makes an offer that he or she believes is less than the defendant may receive if the case proceeded at trial. However, sometimes a skilled defense lawyer can obtain a better result by convincing a jury that there is reasonable doubt about the defendant’s guilt.

Reach Out to A Detroit Assault and Battery Lawyer

If you have been accused of aggravated assault, contact Drias Law Group right away, even if a warrant has not been issued for your arrest. If police ask to speak with you, don’t give up your rights and speak to them without an attorney. Call our office today at (313) 944-0236 to schedule a consultation with a Detroit defense attorney at Drias Law Group.

The post Getting an Aggravated Assault Charge Reduced in Detroit appeared first on Drias Law Group, PLLC.

Detroit criminal defense attorney Martin Drias immediately began to work on the case, arguing that the prosecutor’s actions of filing such charges against a child was “not okay,” and that he and the family weren’t going to “let it get swept under the rug.” Attorney Davis argued that the justice system victimized the boy, and as he worked to get the assault charge dropped, he encouraged the public to get involved and let the prosecutor and their office know that their actions were not okay.

Due to these actions, in addition to a public outcry, the case was dropped – just hours before attorney Davis’s scheduled press conference on the matter was about to begin. In addition to the charge getting dropped, attorney Davis confirmed with the prosecutor that the case would NOT be refiled.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

The post Assault Case Against 10-Year-Old Detroit Boy Dropped appeared first on Drias Law Group, PLLC.

• Four counts of unlawful imprisonment
• Four counts of felonious assault
• One count of impersonating a police officer to commit a crime
• One count for felony firearm

The man, who had started a security company to protect and help the people of Flint, witnessed people breaking into a school. As such, he detained the group, called the cops, and was arrested due to the allegation of guns being drawn. The client himself never drew a gun, so he reached out to criminal defense attorney Martin Drias for help.

Attorney Davis immediately got to work on the client’s case, and was able to get the more serious charges dropped. As such, the client avoided time in prison and ended up with charges on his record that could eventually be removed.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

The post Flint, MI Man Sees Multiple Criminal Charges Dismissed appeared first on Drias Law Group, PLLC.

Knowing the client had nothing to do with the alleged assault, attorney Martin Drias represented him and was able to get the charge dismissed.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

The post Assault Charge Dismissed in Wayne County appeared first on Drias Law Group, PLLC.