Michigan Assault and Battery Lawyer Brian J. Prain Explains How to Stay Out of Jail in an Assault and Battery Case.
I am a Michigan Assault and Battery Lawyer, and what I mean by that is that I concentrate my practice on seeking-out and defending those charged with assaultive crimes, including Assault and Battery, the more serious Aggravated Assault, and a range of Felony Assaults. We've never had an Assault and Battery client go to jail! An Assault and Battery charge or Aggravated Assault charge are misdemeanor charges, meaning that while commitment to State Prison is not a possibility, incarceration in the County Jail IS possible. A Michigan Assault and Battery conviction can result in up to 93 days in the County Jail, minus any statutory Sheriff's good time. By their violent nature, Assault and Battery convictions don't engender much sympathy, but here are the top ways to stay out of Jail:- Don't be convicted of Assault and Battery in the first place! Ever since you were arrested or notified to appear in Court, you've probably felt like you were already presumed guilty, especially with Court dates and Bond conditions to comply with (i.e. "No Contact" with the alleged victim, etc.). Some people don't even consider doing anything other than pleading to something. DON'T think that way! An experienced Michigan Assault and Battery Lawyer can take your case to Jury Trial or Dismissal without increasing your risk factor. Trial preparation is no joke, and is not for the weak-hearted attorney who does "a little bit of criminal defense work." But remember, the two best words you can hear in your Michigan Assault and Battery case are NOT GUILTY (followed by the Judge saying "SIR, MA'AM, YOU'RE FREE TO GO")! Don't be mistaken, it happens. Our clients have heard these words - don't rule out the possibility of taking your case to Trial without speaking to a Michigan Assault and Battery Lawyer.
- If you are going to enter a No Contest or Guilty Plea, your Assault and Battery Lawyer should fight for a Cobbs Evaluation/Plea from the Judge or a Killebrew Agreement with the Prosecutor for NO JAIL. Many Judges claim that they do not offer these options in their courtrooms, but we have overcome that. Still, many Judges do, and a Killebrew Agreement is always enforceable. This is complicated, but to put it simply, these are agreements that can help determine your sentence with some definiteness before you even give your Plea to either Assault and Battery or a reduced charge. We should talk about this more over the phone or face-to-face during a free consultation.
- Your Michigan Assault and Battery Lawyer needs to do their homework before your Sentencing. You have a No Contact Order preventing you from contacting the alleged victim, and that person is often very angry with you anyway. But your lawyer is not you! Have they made an effort to reach-out to that person and establish a relationship (perhaps even letting that person know how terrible you feel about what happened)? Wouldn't it be nice if, when the Probation Department contacts the alleged victim to get their input on what should happen to you, that person is already telling Probation that you should be treated leniently? Wouldn't it be great if that person were in Court at your Sentencing, telling the Judge that things just got out of hand and you're not a bad person? There is so much more that can be done in defending these Michigan Assault and Battery cases.
- Get the right, experienced, Michigan Assault and Battery Lawyer! It really does make a difference.