Assault and Battery Dismissed – Westland
The Westland Police Department arrested our client for felonious assault after he got into a fight with the neighbor over trespassing. Our client was accused of chasing the other man into the street and hitting him in the head with a rake. The two of them continued to fight and eventually both of them were arrested.
Our client was probably provoked but because he initiated the physical fight he was charged with assault and disorderly conduct for fighting.
He called assault and battery lawyer, Aaron J. Boria and we were able to get the assault charge dismissed. Our client plead no contest to disorderly conduct, but that will also be dismissed from his record after a few months on probation and he will not have any criminal conviction on his record from this incident.
Call assault and battery lawyer, Aaron J. Boria at (734) 453-7806 today for a free consultation.
Assault and Battery Lawyer – Westland
Assault and battery is a misdemeanor punishable by up to 93 days in jail and fines and costs.
If a weapon is used during an assault and battery then it can be charged as felonious assault. Felonious assault is punishable by up to 4 years in prison and thousands of dollars in fines.
The prosecution would have to prove beyond a reasonable doubt in this case that our client intentionally hit another person with a weapon to prove the charge.
Self Defense Lawyer – Westland
Self-defense is a defense to assault and battery. The prosecuting attorney would have to prove that a person did not act in self-defense when committing a battery. If you are using self-defense as a defense to assault you do not have to prove anything.
In this case our client was the first aggressor so self-defense was not available. It is possible to hit someone first and still use self-defense, but you cannot outright start a physical fight and then claim self-defense.
Call criminal defense lawyer, Aaron J. Boria at (734) 453-7806 today!