Assault and Battery Charges in Michigan Have 2 Main Defenses. Michigan Assault and Battery Lawyer Brian J. Prain Explains What They Are...
As a Michigan Assault and Battery Attorney defending those facing Assault and Battery charges in Michigan, I spend each day planning defenses to Michigan Assault and Battery charges (also called A&B, A and B charges, Simple Assault charges, etc.). Assault and Battery charges in Michigan can carry up to 93 days in Jail, so your defense is critical.
When facing Assault and Battery charges in Michigan, you'll have to decide whether to take a Plea Deal or fight the allegations at Trial. Surprisingly, after a full consultation, many of our clients who thought they were "guilty" decide they have not violated the law [MCL 750.81] and would rather go to Trial and be found NOT GUILTY of the Assault and Battery charges in Michigan.
If you are going to Trial, your Michigan Assault and Battery Attorney have to plan a Defense. Every case is unique, but believe it or not, all defenses to Assault and Battery charges in Michigan fall into 2 main categories:
1) Self Defense: Simply put, this is the defense you raise when you have indeed engaged in a physical altercation with your accuser, but your actions were justified because they either attacked you first or threatened to do so in a believable way. You are alleging that your response was reasonable under the dangerous circumstances as seen through your eyes. In-fact, unlike most defenses to criminal charges, it is the Prosecutor's burden, rather than yours, to prove beyond a reasonable doubt that you were NOT acting in self-defense. If you are successful in this defense, you will be found NOT GUILTY of Assault and Battery charges in Michigan. [click here for our other articles about self-defense in Michigan, including the Michigan Self-Defense Act]
2) It Just Didn't Happen: This is the defense you raise when the entire allegation against you is an outright lie or mistake. You are completely denying that you became involved in a physical altercation that meets the definition of a Michigan Assault and Battery. This defense relies heavily on challenging the credibility and character of your accuser, as well as bolstering your own - not to mention pointing out any shortcomings in the Police investigation.
Facing Assault and Battery charges in Michigan and still reading this article? Whether you're looking for the best Plea Deal you can get to avoid Jail or you want to fight a false allegation at Trial, your first line of defense is always the same - finding the best Michigan Assault and Battery Attorney you can. At Prain Law, PLLC, we have successfully fought for our clients to Jury verdicts of NOT GUILTY of Assault and Battery charges in Michigan.
Chances are, we've already dealt with a situation just like your unique case. We work around the clock, so call us anytime at (248) 731-4543 for an in-depth, confidential, fee consultation with a REAL attorney, OR fill-out the Contact Form.