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Defending Assault Charges in Michigan

Defending assault charges in Michigan begins with a very thorough preparation. An experienced assault lawyer can look into all the different elements of the offense and look at how they can defend each part of it. Because each case is different, attorneys must look at all the elements of each case to see where the facts lie and to where there might be the best defense.

Sometimes self-defense is an important one in any type of assault crime, as well as the intent element. Attorneys usually look at whether the intent of the person being charged was either to cause a battery or immediate apprehension of imminent battery. Attorneys want to know if the actions of that person were reasonable. There can be broader defenses sometimes than just specific legal defenses.

First Three things to do After being Charged

They should contact an attorney and write down everything that they recall the incident. They should begin contacting any witnesses they may have their support and collecting assets for their bond and attorney fees. If injured themselves, they should obtain medical care and/or have photographs taken.

Evidence to Challenge the Prosecution

Before defending assault charges in Michigan courts, the individual will be asked to write everything down in their point of view. Attorneys can get a hold of police reports and any surveillance video, depending on where the alleged assault happened. There are different types of evidence that a lawyer can request information on. This includes the dispatch 911 call, that might be presented at trial. Beyond those things, they try to find things above and beyond what the prosecution might be offering as evidence to help defend the case.

Treatment of Assault Cases

Michigan courts treat assault cases seriously because the behavior involved is discouraged. Therefore, they can impose probation. There is also anger management classes community service that can be imposed. The severity of these cases is especially true if the victim becomes involved, and maybe even shows up to court at sentencing and makes a statement to the judge asking for a long jail term. Because local judges are elected, they really pay attention to their constituency, and when victims show up in court, judges really pay attention. The same is true if it is a high-publicity case.

Importance of Remembering What Happened

Memories and evidence fade, and details win cases. Talking to an attorney might help the person remember certain things. They ask them questions that get them thinking. Sometimes they use a questionnaire that helps prod ideas and other recollections so they can be written down after the events in question have happened. That can be helpful. Recording what the person remembers is helpful since memory fades. The quicker the person gets down their recollections on the paper the better, because the officer will be writing a police report immediately after the arrest and their details will be put in that report from their point of view. This may be critical to the person’s case when recalling these reports in trial.

Retaining a Lawyer

Two things are earned with experience, reputation, and knowledge. Armed with both, experienced lawyers tend to obtain the best results, considering trials are incredibly complex endeavors. Aside from this, the most important reason would be that there could be things out there that the person has no idea are defenses or mitigating factors for them and an experienced defense attorney would know of those things.

Sometimes attorneys watch people defend themselves in court and see missed opportunities. Retaining a lawyer can make a difference in the way your case is handled. Someone Defending assault charges in Michigan alone may not know about domestic violence deferral. In the case of a first-time drug offense, they can miss out on an opportunity for a first-time drug offense deferral because they do not have the experience of defending such charges.

If there is a flaw with the case from the beginning, an attorney could expose it, potentially causing the case to get dismissed or getting a better offer for their client from the prosecution. The person would not know about those things because they have not been trained. Therefore, having an experienced defense attorney on a person’s side can be helpful to the outcome of his or her case and their future.