Domestic Violence Dismissed – Rochester
Today, our client walked out of court with the criminal charge against her dismissed. She was charged with domestic violence in a court known for dishing out incredibly harsh penalties. We believed that we had a strong self-defense claim, and when we came into the court to pick a jury today the prosecutor agreed to dismiss the case after several discussions.
If you have been charged with domestic violence or any other crime you need to call Michigan criminal defense lawyer, Aaron J. Boria (734) 453-7806.
Domestic violence lawyer, Aaron J. Boria fights for his clients and gets results when they need them most.
Domestic Violence Lawyer
In this particular case the Lake Orion Police charged our client with domestic violence after her ex-husband made an allegation that she had bit him twice over a property dispute at the end of a nasty divorce.
It was our position that the husband was lying and that our client had bit him one time, in self-defense, in order to break free from him assaulting her.
The matter was set for jury trial at the 52-3 District Court in Rochester Hills; Judge Carniak presided over the matter.
Aaron J. Boria has defended domestic violence charges all over Michigan with great results. These results include not guilty jury verdicts, and dismissals.
Domestic Violence Charges
In a domestic violence case, the prosecuting attorney must prove guilt beyond a reasonable doubt. That means that the prosecutor must be able to prove that the person charged with the offense committed an assault or battery on another person that they live with, are related to, or as in this case, have or had a dating relationship with.
If the prosecutor cannot prove even one charge then you must be found not guilty.
Aside from the prosecutor not being able to prove the charges, the prosecutor must also be able to prove that the defendant does not have any defenses. In this case the prosecutor would have also had the burden to prove beyond a reasonable doubt that our client did not act in self-defense.
If a person was acting in self-defense then they cannot be guilty of domestic violence.
Domestic violence is a crime. A first offense is punishable by up to 93 days in jail and a fine. Other penalties include anger management, drug and alcohol testing, community service, and more.
If a person is found not guilty or their case is dismissed then they are free to go and the court cannot order that they do anything else.
