Charged with Assault and Battery: What Can I Expect?

undefinedCharged with Assault and Battery in Michigan? Get the Criminal Defense you deserve!

After getting involved in a fight at the Lions game, the police arrived, talk to you, and inform you are free to go home. You assume you're off the hook until the Michigan District Court sends you paperwork in the mail, letting you know that you have been charged with assault and battery.

(Related: Aggravated Assault: How Is It Defined In Michigan?)

Under Michigan law, you are subject to up to 3 months in Jail, or you could call Prain Law, PLLC. By the next afternoon we will have arranged for your Free Consultation and Case Evaluation. Come to our office with all Court papers as we have indicated you to do. We will examine your Court papers and note the date and time scheduled for your Arraignment. After listening to your side of the story for close to an hour, I will explain the court procedures that you will be subject to, and then we will develop a custom-tailored case plan for you. Once you realize that your freedom is best assured by my criminal defense, we will shake hands and I will tell you not to think about your case.

(Related: Domestic Violence: Pleading Under MCL 769.4a Deferral)

After some time has passed, we will meet at the District Court early in the morning for your Arraignment. With my Appearance as your criminal defense attorney already on file, I will file and serve a Discovery Demand, which requires the prosecutor to give me all police reports, videos, statements, or other evidence to review. I will speak with the prosecuting attorney and discover if there is potential for reaching a deal where you serve no Jail time and receive no conviction; instead, you would be on probation for a while and provided you performed well, the entire case would be dismissed.

Once your cases is called, you and I will approach the podium, and I announce our presence. I inform the Judge that we will "waive a formal reading of the charges, and with his approval, stand you mute." You remain silent. I tell the Judge that you promise to return for every Court date, and that you are not dangerous. The Judge lets you leave without paying any money for bond, but says that you cannot make any contact with your accusers. I have already informed you of this requirement.

(Related: Domestic Violence: Will A Charge Be Dismissed if the Victim Doesn't Come to Court?)

We will arrange another face-to-face meeting at my office once I receive the evidence from the prosecutor and review it at great length. You recall your incident and don't feel like you did anything commit any moral injustice, but aren't certain about a few things. I remind you that it's the government's job to prove you guilty of assault and battery beyond a reasonable doubt - not our job to prove you innocent of assault and battery.

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