Assault by Strangulation or Suffocation charges in Michigan are serious felony charges that could send you to prison for up to 10 years, and even up to LIFE if you are charged as an Habitual Offender. Michigan Aggravated Domestic Violence charges carry a possible penalty of up to one year in Jail.
On April 17, 2019, attorney Brian J. Prain of Prain Law, PLLC completed a Jury Trial in the Washtenaw County Circuit Court in Ann Arbor, Michigan where the Jury found Brian's client NOT GUILTY of all counts, including Assault by Strangulation or Suffocation, Aggravated Domestic Violence, as well as two other “lesser included“ charges of Assault and Battery and Domestic Violence (also called Domestic Assault).
This Jury Trial victory up on charges of Assault by Strangulation or Suffocation, Aggravated Domestic Violence, and the lesser included offenses represents the latest acquittal for attorney Brian J. Prain in a string of well over 10 NOT GUILTY verdicts in a row on various kinds of serious Capital and other felony charges.
This also represents in the second NOT GUILTY verdict on a charge of Assault by Strangulation or Suffocation for attorney Brian J. Prain within the last two months.
The case was a hard fought battle, and Brian‘s client had been accused of these crimes by a relentless farmer romantic interest of his. According to Brian, “Hearing our Jury say the words 'NOT GUILTY' four times in a row was the best thing I could imagine at that moment. We are extremely thankful to this Jury, who took the time and effort to give the case their full attention and due consideration. I feel like I got to know each and every one of them a little bit, and I'd recognize their faces anywhere. These people reminded me of what a great country we live in. Assault by Strangulation and Aggravated DV are serious allegations to make against someone, and I'm just relieved to see that justice prevailed.“
In Michigan, Assault by Strangulation or Suffocation, MCL 750.84(1)(b), is defined as an assault (or really, a battery), done by "strangulation or suffocation," which means "intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person." In order to prove someone guilty of Assault by Strangulation or Suffocation in Michigan, the Prosecution must prove each of the following elements beyond a reasonable doubt:
(1) First, that the defendant committed a battery on the Complainant. A battery is a forceful, violent, or offensive touching of another person or something closely connected with that other person.
(3) Second, that the touching must have been intended by the defendant, that is, not accidental, and it must have been against the Complainant’s will. It does not matter whether the touching caused an injury.
(4) Third, that the battery was committed by strangulation or suffocation. Strangulation or suffocation means intentionally impeding normal circulation of the blood or breathing by applying pressure on the throat or neck, or by blocking the nose or mouth.
In order to prove someone guilty of Michigan Aggravated Domestic Violence, MCL 750.81a(2), the Prosecution must prove each of the following elements beyond a reasonable doubt (in addition to a "domestic" relationship):
(1) First, that the defendant tried to physically injure another person.
(2) Second, that the defendant intended to injure the Complainant or intended to make the Complainant reasonably fear an immediate battery.
(3) Third, that the assault caused a serious or aggravated injury. A serious or aggravated injury is a physical injury that requires immediate medical treatment or that causes disfigurement, impairment of health, or impairment of a part of the body.
You can click the links that follow in this sentence to visit our main pages for the lesser included offenses that were alleged in this recent trial: Assault and Battery, MCL 750.81, and Domestic Violence, MCL 750.81(2), also referred to as “Domestic Assault.“