Assault Charge Plymouth – Plymouth Assault Dismissed
Our client appeared in the Plymouth 35th District Court today after being charged with assault and battery. He has never faced a criminal charge previously so he was concerned about the consequences and the possibility of losing his job if convicted. When everything was said and done we were able to obtain a dismissal of the assault charge – a major win
Facing assault charges? Call Plymouth lawyer, Aaron J. Boria at (745) 453-7806.
Assault Charge Plymouth
Our client, a resident of California, was working here in the Canton area for work. After finishing up he was drinking at the Bowery Pub on Ford Road in Canton. When he left the bar he was walking through the Tim Horton’s parking lot. He saw a hiring sign and kicked it. A Tim Horton’s employee did not like what he saw and confronted our client. The two of them started arguing and eventually got into a fistfight that was started by out client.
Eventually both parties called the police. We found out later that the Tim Horton’s employee went to the hospital and it was alleged that my client broke the guy’s jaw. The Canton police showed up, believing that our client was the first aggressor they arrested him and charged him with assault.
Since the assault occurred in Canton the matter was heard at the 35th District Court in Plymouth. The 35th District Court has jurisdiction over Canton, Plymouth, and Northville. Judge Gerou presided over the case.
The official charge was assault and battery, a misdemeanor that is publishable by up to 93 days in jail, a $500 fine plus costs (which can get expensive) and up to two years on probation. Probation for an assault charge at the Plymouth Court usually entails some kind of anger management, community service, and drug and alcohol testing if a person was said to be under the influence at the time the offense occurred.
With our client living in California we wanted to resolve the case in a day so that he did not have to keep paying to come out here. Before the court date we waived his first hearing, ordered all of the evidence and filed all the necessary documents. When we finally went to court a deal was worked out where our client would pay a fine, and after 6 months the charge would be removed from his record. This would also make it so that our client only had to come out here one time in order to resolve the case.
This was one of those cases where the facts were clearly against us and the case was a loser, but as I always say, even bad cases can be made better. Our client started the fight with the worker after our client was drunk and kicked a sign. This case was not a good one for the defense but just like coal can turn into a diamond we turned this case into a diamond as well. Our client plead guilty to a reduced offense of disorderly conduct under advisement. Once six months pass even the reduced charge will be taken off of his record and he will be able to truthfully tell anyone that he has never been convicted of a crime.
In any assault case the prosecuting attorney must prove the charge beyond a reasonable doubt. Had there been a trial the judge would have read the elements of a crime to jurors and for them to decide if the facts of the case fit the crime.
For this particular case the judge would have required the prosecutor to prove first, that our client committed a battery on the Tim Horton’s guy.
A battery is defined as a forceful, violent, or offensive touching of the person or something closely connected with the person of another. The touching must have been intended by the defendant, that is, not accidental, and it must have been against the Tim Horton person’s will. It does not matter whether the touching caused an injury.
Second, that our client intended either to commit a battery upon Tim Horton’s guy.
If you have been charged with assault or any other crime then give Plymouth lawyer, Aaron J. Boria a call (734) 453-7806. We fight for our clients and we get results when other lawyers cannot.
Do not just plead guilty because you think you are guilty. In this case our client clearly was guilty, but if he had gone to court with out our help he would have been convicted of an assault crime that would be on his record for the rest of his life. We believe that a person shouldn’t be marked for life because of one mistake. We fought and obtained this great result with a dismissal.