Michigan Aggravated Assault Charge - An example

Michigan Aggravated Assault Charge - Michigan Assault Lawyer Brian J. Prain Discusses His Latest Verdict of NOT GUILTY of Aggravated Assault...  

Michigan Aggravated Assault - Brian J. Prain's latest NOT GUILTY verdict discussed 

JB: What was your client charged with? Brian: My client was falsely accused of a Michigan Aggravated Assault charge under MCL 750.81a.

JB: What penalty was your client facing if they were convicted? Brian: Up to 1 year in the County Jail and/or a fine of up to $1,000.00.

JB: What was this Michigan Aggravated Assault case about? Brian: My client was falsely accused of violating the Michigan Aggravated Assault law when someone alleged that he pushed them off of a raised brick and concrete area during a confrontation. The so-called "victim" had fractured bones and had to undergo surgery several days later. When my new client first came to me, I admit I had my doubts about the strength of the case, but the more I learned, I realized that he was a very good man who was clearly falsely accused. We hired an investigative team to watch the "victim," only to find out that he was doing things he would later claim to be unable to do. Remember, a Michigan Aggravated Assault charge requires a "Serious or Aggravated Injury" (click for our articles on that). As the investigation continued, it became clear to me that this guy the Prosecutor's Office was championing as their "victim" who needed justice was just a lazy person who lied and intentionally hurt himself to fake a disability with hopes of never returning to work again and having my client pay for it all - not just in terms of money, but perhaps with his freedom. The Prosecution wanted my client to plead Guilty for a "deal," but we knew if he did that (which he never would anyway), this "victim" had a plan to try to sue him anyway. We took it to Jury Trial. The Prosecutor tried to up the ante by adding a count of Assault & Battery.

JB: How did you get the verdict of Not Guilty on all counts, including Michigan Aggravated Assault? Brian: In jury selection, I focused on the thoughts and experiences that would actually work against my client and re-framed them into the thoughts and experiences that would help my client. I did not excuse a single juror - I instead built a group, and made sure my client and I were part of it. While the Prosecutor and the Detective at her table focused on who to kick off, I made it clear that we were all one big group, and I didn't want anyone to leave. The Prosecutor kicked herself out. By the time I told my client's story in Opening Statement, I had that case won. All I needed to do was maintain my credibility with my new group of friends over in the jury box. I really did like each one of them. During cross-examination of the lying accuser, I used hard evidence to display him as a perjurer. In closing, I argued for justice and told the jurors that HE was the real criminal, not my client.

JB: How long did the Trial take? Brian: 3 days.

JB: How long did the Jury deliberate before finding your client NOT GUILTY of Aggravated Assault and Assault & Battery? Brian: Less-than 10 minutes. I didn't even have the chance to pack up my posters and belongings and sit down before the knock came at the door!

JB: If I'm facing a Michigan Aggravated Assault charge, what should I do? Brian: Call our office, Prain Law, PLLC at (248) 731-4543 right away. There is NO reason not to. The consultation is free, informative, and I do NOTHING but defend those accused of Michigan Assault charges, including Michigan Aggravated Assault. Don't get convicted - have the Judge say those 4 beautiful words to you: "Sir/Ma'am, congratulations on your verdict. Bond is cancelled. You are free to go."

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