Aggravated Assault Lawyer - 2 possible defenses against aggravated assault in court and 2 defenses against aggravated assault, as with any criminal offense, it is not easy to do. However, there are better ways to succeed, and some that don't stand up to scrutiny.
In most violent cases, self-defense is seen as the first attitude of the accused and his legal team.
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A claim of self-defense means that the burden of proof is on the prosecution because they must show that the defendant was the aggressor and not the victim.
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If you can show that the other party struck the first blow, this is good evidence that any retaliation you took was in fact self-defense.
Another defense option that can make waves is to argue that the attack was accidental. By doing so, you are not denying the defendant's involvement, rather you are claiming that he did not do the act in question.
Intent is key in all cases of assault, and it can be argued that even a violent assault is dangerous as long as there is enough evidence and evidence to support it.
It doesn't make sense to risk a serious attack because it's a crime that requires a skilled lawyer or team of lawyers, not a fan.
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Those who have the experience and training to defend against violent crime charges are well placed to choose an approach that will work more often than not. With that said, let's move on to tactics that you should avoid if possible.
You'd think that if the assault was voluntary, the prosecutor wouldn't have a leg to stand on in court.
In fact, even if the person actually asked you to physically harm them, it still counts as a crime in most jurisdictions, so it won't work as a defense.
This of course makes sense because it means you can't force people to agree verbally to physical assault and you can't get away with punishment if you go too far with the need to play if the victim decides pressure. the accusation against you. This is a difficult issue like consumer acceptance of companies.
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You may also be tempted to argue for absolute innocence by denying that you played a role in the alleged attack. Moreover, this is not a behavior that will lead to the desired result if there is any evidence that proves your guilt beyond a reasonable doubt.
Even if the assault was accidental or intentional, there is no point in standing up to plead not guilty when you know the prosecution can prove that you were indeed involved.
Abuse is considered a felony in many jurisdictions, meaning that there are many years in prison in addition to heavy fines and other penalties.
Reason enough to hire legal experts and prepare an air defense instead of taking a risky strategy before a judge and jury. There is no point in playing with fate when there is a better way to disprove the allegations and restore your reputation, regardless of your role in the incident.
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We use cookies to ensure you have the best experience on our website. If you continue to use this site, we will assume that you are satisfied with it. Aggravated or Felony Assault is defined by Michigan law as an "unlawful assault by a person against another in which the offender uses a weapon to injure or pose a threat." Aggravated assault is when "the victim suffers serious or serious physical injury that includes broken bones, loss of teeth, possible internal injuries, serious injury, or loss of consciousness."
A felony is a serious crime and the convictions and consequences for a person charged with a felony can be life-changing. It is important to understand your rights if you have been accused and charged with aggravated assault, battery or another crime.
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If you have been charged with assault with a dangerous weapon in Michigan, you have the right to hire a criminal defense attorney to represent you in court. In any criminal case, the sooner you prove your rights, the better your chances of success. At Michigan Securities Law, attorney Paul J. Tafelski and our team of senior attorneys can help.
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Aggravated assault can be considered a crime if you use any weapon to injure or point a weapon with intent to injure another person. The Michigan Penal Code defines firearms as including:
Whether or not you used a deadly weapon, you can be charged with assault if your actions caused the victim to suffer serious or visible injury. In addition, you can be charged with harassment if you intend to expose the suspect and fear not being around. The battery is only harmful or touching.
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The crime of assault is very serious. If you are facing criminal charges, it is always a good idea to have an experienced criminal defense attorney to help you understand your rights. Michigan Defense Law is a firm founded by Paul Tafelski, a personal injury attorney. An assault attorney and his criminal defense team can help you navigate the complexities of the legal system.
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In Michigan, aggravated assault can be charged with anything from aggravated assault to a felony. How the state determines what charges to file will depend on the circumstances of the case. Some factors used to determine whether you are suspected of assault include:
The statutory definition of assault is "assault with a dangerous weapon" and under Michigan law it is defined as follows: "Except as provided in subsection (2), a person who he attacked a man with a weapon, a revolver, a gun, a knife. an iron rod, stick, brass knuckles or any other dangerous weapon without intent to kill or cause bodily harm is a crime less than murder. Michigan Penal Code 750.82.
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The legal definition of assault is "to put another person in reasonable fear of being beaten." Both are described as "bad touch". What many people don't know is that a gun, knife, or other common weapon is not required for a state to file a battery charge as a felony. Under the law, anything that can be considered a "dangerous weapon" qualifies. Can lightning be a dangerous weapon? What about the shoes? The answer is "maybe". What constitutes a "dangerous weapon" is up for debate and will often be an issue for your defense.
Allegations of sexual abuse can have an incalculable impact on the accused person's life. Therefore, it is extremely important to get legal advice from a professional tort law attorney. The criminal defense team at Michigan Defense Law understands what it takes for a client to get a good result and they have an excellent track record of success.
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