Assault Dismissed – Canton Lawyer – Assault Lawyer
This past Friday we were able to resolve one heck of a case for our client who was initially charged with four serious criminal charges out of Canton: Assault and Battery, Domestic Violence, Child Abuse in the 4th degree, and Operating while Intoxicated. Our client was facing serious penalties; bond was set at $50,000.00 10% when our client appeared in court prior to retaining our office.
In the end the assault and battery charge as well as the child abuse in the 4th degree charge were outright dismissed. The domestic violence charge will be dismissed once our client completes probation and the operating while intoxicated charged was reduced saving our client his driver license. After Canton Lawyer Aaron J. Boria was done with this case his client did not have to serve a single day of jail as a result of his sentence, he saved thousands of dollars in fines, and three out of four charges were dismissed and the charge that wasn’t dismissed was reduced. The matter was heard at the 35th District Court in Plymouth, which has jurisdiction over the Canton criminal matters.
We take on a limited number of clients each month to make sure that they each get the best possible representation unlike many lawyers who take on as many clients as possible in order to improve their bottom line. We screen our cases to make sure that the people we represent are the most deserving.
Canton Assault Charge – Canton Domestic Violence
This case started with our client and his wife having a dispute over money that involved a resent tragedy in the family. Alcohol was involved and made the situation worse. Our client’s wife alleged that he slapped her and then shoved their daughter; the Canton police were called. Our client left the house and went to a friend’s home where the police met him.
The burden is always on the prosecuting attorney to prove someone’s guilt beyond a reasonable doubt. All crimes are made up of elements. Assault and battery is made up of the following elements:
The first element is that the defendant committed a battery on another person, in this case his daughter. A battery is a forceful, violent, or offensive touching of the person or something closely connected with the person of another. (A battery could be committed by grabbing something out of another person’s hands) The touching must have been intended by the defendant, this means that batteries cannot happen on accidental, and it must have been against the other person’s will. It does not matter whether the touching caused an injury.
The second element of assault and battery is that the defendant intended either to commit a battery upon on the other person or to make that person reasonably fear an immediate battery. If the case is the fear type of assault and battery then the defendant must appear to have the ability to carry out the threat.
Domestic violence is a similar charge to assault and battery but it has an additional element. The additional element to domestic violence requires that the people involved have some type of relationship like family, dating, married, having a child in common, or roommates. In this case the domestic violence was charged because his wife accused him off hitting her.
The assault and battery charge was outright dismissed saving our client three months of potential jail time over a thousand dollars in fines and costs, and the mark of being a violent criminal permanently on their record.
The domestic violence charge will be dismissed after our client completes probation which is being ran concurrent with the drinking and driving charge discussed below.
Child Abuse 4th Degree – Child Abuse Lawyer
It was alleged that during the argument some objects were being thrown, one of the objects broke and struck their young child.
In order to prove someone guilty of child abuse in the fourth degree the prosecution must be able to prove the following:
The person’s omission or reckless act causes physical harm to a child, or the person knowingly or intentionally commits an act that under the circumstances poses an unreasonable risk of harm or injury to a child, regardless of whether physical harm results.
Child abuse in the fourth degree is a misdemeanor punishable by imprisonment for up to a year in jail.
Canton lawyer, Aaron J. Boria was able to get this charge outright dismissed as well saving the client a potential year in jail, over a thousand dollars in fines and costs and the mark of being a violent criminal toward children permanently on his record
Canton OWI Lawyer – Canton DUI
When our client left the house and the Canton Police met him at his final destination. They had been told that he was drinking and when they approached him they could smell alcohol on his breath. After he failed field sobriety tests he submitted to the preliminary breath test that resulted in a blood alcohol level almost twice the legal limit. The Canton Police arrested him for the drinking and driving offense of Operating While Intoxicated and the three assault charges mentioned above.
If convicted of Operating While Intoxicated our client would have had 6 points added to his driving record, his Michigan driver license would have been suspended for a month followed by five additional months of restrictions, his fines to the secretary of state would have been $1,500.00 plus court fines and costs.
Canton OWI Lawyer, Aaron J. Boria was able to get this charge reduced to a lesser offence saving our client points on his driving record, his fines to the state were cut in half, court fines were reduced, and most importantly to our client, his license was never suspended.
Assault Dismissed – Canton Lawyer – Assault Lawyer
In this case the facts were really against our client and even then Canton lawyer, Aaron J. Boria was able to obtain a dismissal on three our of four charges and a reduction on the last one.
If you have been accused of assault and battery charges, drinking and driving, or anything else call Canton Lawyer, Aaron J. Boria. We fight for our clients and we obtain results that other lawyers simply cannot. Call (734) 453-7806 to speak with criminal lawyer, Boria today.