Felonious Assault Charges Result in NOT GUILTY Verdict for a Client of
Michigan Assault Lawyer Brian J. Prain in the Wayne County Circuit Court.
It's been a long journey for a client of Michigan Assault lawyer Brian J. Prain. She was charged with Felonious Assault back in May of this year, and with the help of Brian J. Prain, a Wayne County Jury at the Frank Murphy Hall of Justice in Detroit found her NOT GUILTY of Felonious Assault. She went home that day. Here, Brian J. Prain is interviewed about the Felonious Assault case.
JB: What was this Felonious Assault case all about? How did your client end up charged with Felonious Assault?
BJP: My client was a wonderful woman, who I've now become great (lifelong, I'm sure) friends with. She is a 55-year-old grandmother. She got a phone call from her grandson, crying. She went to their home to find out what was wrong. Once she got there, her daughter's "boyfriend" refused to let her see her grandchild and then attacked her. A third-party called the police, and when they arrived, he alleged the grandmother grabbed a knife, came at him, and "threatened to kill her." He also claimed she had a "gun" (which was never found) and he "thought he would be shot." The police believed him and Felonious Assault charges were brought.
JB: What is the Felonious Assault law in Michigan? What kind of time was your client facing?
BJP: The Michigan Felonious Assault law is MCL 750.84. Felonious Assault is also (technically) called Assault With a Dangerous Weapon. It is punishable by up to 4 years in State Prison. To get a conviction for Felonious Assault, the Prosecution has to prove beyond a reasonable doubt that there was an assault with a dangerous weapon, having the intent to injure (or to make the complainant reasonably fear being touched) and having the ability or apparent ability to touch the complainant. Felonious Assault in Michigan does NOT require an actual touching or any injury.
RELATED: A more detailed definition of Felonious Assault in Michigan.
JB: What did you do to get ready for the Felonious Assault Trial?
BJP: Well (laughing) the same thing I basically do to prepare for every Trial. My client and I spent probably 100 hours together reviewing the case, gathering the facts, and, most importantly, getting to know each other and becoming friends. I knew the story good enough that by the time I gave my opening statement, I was there. We talked to witnesses, recorded interviews, and Subpoenaed documents and phone records. Pretrial Motions were filed to keep out damaging and prejudicial evidence. Every question for every witness was written-out and practiced with mock witnesses. Opening statement and closing argument were written and practiced many times on video and critiqued by a group. I even flew to Denver to work with a group of the nation premier trial lawyers. Nothing was left to chance.
JB: How were you able to get all 12 jurors to vote Not Guilty on a serious charge like Felonious Assault?
BJP: Well, due to the preparation, it was all planned out. A Felonious Assault charge turns on whether the Jury believes there was a weapon. The accuser had already given testimony at a Preliminary Exam, which seemed credible and supported a charge of Felonious Assault. But when we later Subpoenaed other documents and records, they didn't match up to his claims of being the victim of a Felonious Assault. In order to believe him, the Jury would have to believe he was assaulted with a knife (and allegedly a gun) and thought he was going to be murdered, but had access to up to three phones, but never called 911, even though there were 4 children and another woman present. We were also able to prove he out-and-out lied about other things. It's AMAZING what you can show with phone records and other independent evidence. That was the main idea, but there's SO much more.
JB: What was the biggest obstacle you faced in the Trial?
BJP: Well (laughing out loud), Prosecutors like to play a little game called saying "OBJECTION" as often as possible to interrupt the flow of a well-prepared defense attorney. Not just in a Felonious Assault case, but in all cases. Prosecutors are used to winning with little to no preparation or skill, and sometimes that "OBJECTION" game proves to be a viable strategy for them when the Judge decides to play along. That was the case here. But here's a secret for you Prosecutors: object away, because Juries don't like that! All they do is position themselves as the attorney preventing the Jury from getting a piece of the story they want. Plus, I had the Prosecutor all figured out. I knew exactly what she was planning - she was going to save important parts of her case for rebuttal. But when we called NO witness, she was immediately forced into closing arguments with only half her case being presented. I, on the other hand, was ready.
JB: Don't you feel bad about playing the Prosecutor like that?
BJP: Absolutely not. They deserve it for being so cocky all the time (smiling).
JB: Okay, well what should a person accused of a Michigan Felonious Assault charge do?
BJP: Well, I know this sounds cliche, but call me. Seriously, why not? I'm not just a "Criminal Defense" lawyer - I concentrate specifically on Assault crimes, like Felonious Assault. Why trust a lawyer that maybe does one Felonious Assault per year? I know these cases inside out. I want your case.
JB: Okay! So how can people reach you?
BJP: They can call my personal number at (248) 731-4543 anytime, since I answer almost 24/7 and return calls promptly when I can't, or they can call our office number at (248) 731-4543 and speak to Kathi, who is an awesome person who we call the "boss" there. Um, let's see, another option is to use our Contact Form and email us at our website.
JB: Well, thank you for your time, congratulations on the win, and good luck in the future!
BJP: Oh, yes, thank you it's actually been my pleasure. I'm just relieved for my client, who is now my friend, is at home where she should be instead of locked-up in the Wayne County Jail waiting for her final Sentence and maybe being sent off to an even worse place with a Felonious Assault conviction on her record.
- END INTERVIEW -