We are happy to report that our client was able to walk out of the 14B district Court in Ypsilanti Township a free man.
He had been charged with one count of domestic violence, and after a few months of court appointments and legal work we went into court to pick a jury this past Friday. The prosecuting attorney agreed to dismiss the charges.
Domestic Violence Defense
The case against our client started out with an argument at his home with his girlfriend. When my client decided he was leaving the house she got behind the door and tried to force it shut. After pulling the door open his girlfriend, still upset, came into the bedroom and started hitting him. He never hit her back, but to protect himself he grabbed her hands and held them close to her chest so she would stop hitting him.
When he left the house the police were called. When the police arrived the girlfriend told the police what went on and that he had pushed her. Upset, she left out that she had hit him and that he only touched her to defend himself.
Once formal charges were issued the girlfriend admitted to what actually happened, the she was upset, that my client never hit her, and that if he hadn’t grabbed her she would have continued to hit him. The Ypsilanti Township prosecuting attorney refused to dismiss and still pursued charges against our client.
Our client was unhappy with his initial lawyer who told him to take a plea deal where he would have to tell the court he was guilty of domestic violence. Our client, believing in his innocence was smart and called Aaron J. Boria, PLLC.
We are not afraid to take cases to a jury. After a few communications with the prosecuting attorney, time in court, and a lot of work we got a great result. When we showed up for jury selection the prosecuting attorney agreed dismiss the domestic violence charge against our client. He walked out of court as a free man.
What is Domestic Violence?
All crimes are made up of elements. The prosecuting attorney must prove each element beyond a reasonable doubt. To be convicted of domestic violence the prosecutor must prove the following:
First, that the defendant assaulted or battered the complainant.
A battery is defined as an offensive touching of a person or something closely connected with them.The touching must not have been accidental, and it must have been against complainants ’s will.
An assault is an attempt to commit a battery or an act that would cause a reasonable person to fear or apprehend an immediate battery. The defendant must have intended either to commit a battery or to make the complainant reasonably fear an immediate battery.
Second, that at the time the complainant was related to the defendant, member of the house, or in a dating relationship.
All it takes is a Push
Domestic Violence is one of the easiest crimes to be accused of and most difficult to fight. Often, these are “he said, she said” cases. Most of the time these cases start by a call to the police over an argument at the home. When the police come they will generally arrest someone.
Domestic violence does not require anyone to be hurt, it doesn’t require anyone to have marks, and it doesn’t even require that anyone have been hit. Grabbing someone or even a shove is enough to be charged with Domestic Violence under Michigan law.
If you have been charged with domestic violence contact criminal defense lawyer, Aaron J. Boria, PLLC (734) 453-7806