Michigan Assault Charge: Thoughts on Jury Selection

undefinedMichigan Assault Charge: What Is the Strategy for Jury Selection?

Facing a Michigan Assault charge?  I know the first thing you're thinking: "How can I make this Michigan Assault charge just go away?"  You speak to a Michigan Assault lawyer, and they tell you "In a Michigan Assault charge, you have two basic options: 1) plead Guilty in exchange for the possibility of a reduced charge or sentence; or 2) Fight the Michigan Assault charge at Trial and hope for a verdict of Not Guilty."  The likelihood of a Michigan Assault charge being "dropped" these days is becoming increasingly rare, and it's not a solid strategy upon which to build your defense of a Michigan Assault charge.  Let's say your case is high-profile, so the Prosecution cries "no deals," so  you refuse to lay down to the Michigan Assault charge and decide to go to Trial...

The potential jurors file into the Courtroom.  They are stone-faced - you can't get a read on them.  But within an hour or two, 6 to 12 of them will be hearing the government's story in support of your Michigan Assault charges.  In a process called "Voir Dire," a Latin term for Jury Selection, your defense lawyer will get a chance to build rapport with them, deselect a few, and begin the path to beating your charge.  Every Michigan Assault charge (yes, yours) has negative facts that hurt your case, otherwise, you wouldn't be facing the Michigan Assault charge (i.e. damning photographs of a physical injury to someone, a damaging or incriminating statement you gave to the Police, or any evidence of past violent history, etc.).

The purpose of the Jury Selection from the defense's perspective, is to open these stranger's minds to the idea of believing your testimony and the facts supporting it,  in order to find you Not Guilty of the Michigan Assault charges you face, despite any negative facts that may weigh against you.  By the end of Jury Selection, the Jurors should be "in rapport" with you, with a picture of you were facing at the time of the alleged act that led to your Michigan Assault charge; they should be also be thinking "okay, they say he confessed to the Michigan Assault charge (or whatever the issue is), but I am still capable of finding him Not Guilty."

In a scenario where one negative fact, of the Michigan Assault charge, is that there is a recorded statement by you (with or without your knowledge) that the government now claims is a "confession" in one way or another, the Jury must be open to the possibility that an accused person could make a hasty statement, yet still be innocent of the Michigan Assault charge.  A smart Michigan Assault lawyer begins to become part of the Jurors' "tribe" by demonstrating that he shares their common ideas by stating:  "I also tend to be biased against those accused of an Michigan Assault charge, who say stupid things to the Police.  All of my life I've always believed, as I do to this day, that people who say incriminating things have more than likely done something illegal.  Do we all agree with that?"  Jurors hands go up.

Next, the smart Michigan Assault lawyer suggests that it is possible that there is an exception or two:  "We all believe people who say incriminating things are likely to be guilty... Here we have Jimmy on Trial for a Michigan Assault charge, and he has confessed on camera.  Even so, my question to you is this; can you make room for the possibility that a person can make an incriminating sounding statement and still not be guilty of the Michigan Assault charge?  How many of you could make room for that possibility?"  The Jury will then reflect and discuss.  At the conclusion of the discussion, the Jury is one step closer to being "in rapport" with the person facing the Michigan Assault charges.  The process repeats, and a new discussion ensues for each damaging issue in the Michigan Assault charge until they are all dealt with - at the very beginning - the only time they can be dealt with.

At Prain Law, PLLC, we concentrate on defending your Michigan Assault charge.  Whether you're charged with Assault, MCL 750.81Assault and Battery, MCL 750.81Domestic Assault (Domestic Violence), MCL 750.81(2)Aggravated Assault, MCL 750.81aFelonious Assault, MCL 750.82Assault With Intent to Murder, MCL 750.83Assault With Intent to do Great Bodily Harm Less Than Murder, MCL 750.84; or any of the other various forms of a Michigan Assault charge, there is no reason NOT to call us right now at (248) 731-4543 and set-up a free consultation.  Or, fill out the e-mail Contact Form.

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