MICHIGAN LAW BLOG
Defense of Property – Charged with Assault

Charged with a crime for defending your property? Call criminal lawyer, Aaron J. Boria (734) 453-7806 for a free consultation.

Defense of Property – Assault and Battery

Jason Chan is the co-owner of the restaurant, Juno. While Jason was at the restaurant he observed what he thought was a shady looking character come into the restaurant and head over to the bar.

Jason could see the man speaking to the bartender who handed the man a pen and napkin. The man then put the pen and napkin in his pocket and quickly left the bar. Jason went over to a customer who was near the shady character at the bar and asked if he still had his phone, the customer told Jason it was missing.

The customer went to the police to make a report. Jason got into his car and drove around looking for the man, and he found him. The man was at a pizza joint and Jason could see him trying to repeat the same theft there at the bar.

Jason confronted him, the man tried to leave, and Jason knocked him into a door. When the man tried to fight back Jason put him in an arm bar and knocked him out with a kick to the face.

Jason held the man until the police came who charged the man with larceny.

Larceny

In Michigan, larceny is grouped with theft crimes. Because the value of an iPhone is under $1,000.00 it is likely that the man would be charged with misdemeanor larceny.

If the perp stole both phones it is possible that he could be charged with two counts of larceny or the prosecutor could add the value of both phones together to charge the person with a felony for stealing items exceeding $1,000.00.

The maximum possible penalty would be up to a year in the county jail, and a hefty fine or three times the value of the item stolen.

Assault and Battery

It is possible that some prosecutors would charge or police would issue a ticket for assault and battery to Jason.

While that may not seem ethical to many of our readers it is very possible. There is a public interest in preventing things from becoming the wild wild west where citizens dispense vigilantly justice and go around fighting each other. At the same time the media may have gotten a hold of this case early enough to prevent Jason from being charged with a bogus assault and battery charge for helping out his fellow man.

Assault and batter is a 93 day misdemeanor with a find of up to $500 as long as a weapon wasn’t used and there isn’t a substantial injury.

Defense of Property

The law in Michigan does allow you to protect your belongings. Under the law you may use reasonable force to protect your belonging from someone that has no right to them.

In this case Jason could argue that he was stepping into the shoes of the rightful owner of the phone and was defending their property.

Defense of property is a factual defense so the defense would have to be presented to a jury to decide. If a jury feels that Jason did not exceed the force necessary to do so then he should be found not guilty of assault.

Michigan Assault Lawyer

If you have been charged with assault and battery contact Michigan assault lawyer, Aaron J. Boria today for a free consultation. (734) 453-7806.
Assault with a Dangerous Weapon

Assault with a Dangerous Weapon is also referred to as Felonious Assault in Michigan. A conviction for felonious assault is no joke; the maximum penalty is punishable by 4 years in state prison and a fine of $2,000.00.

If you have been charged with Assault with a Dangerous Weapon contact criminal defense lawyer, Aaron J. Boria today (734) 453-7806.

Criminal lawyer, Aaron J. Boria, has obtained dismissals, not guilty verdicts, and reductions on numerous felonious assault charges and saved countless defendants from lengthy jail sentences. 

Assault with a Dangerous Weapon in Michigan

All crimes are made up of elements. The prosecuting attorney must be able to prove each and every element beyond a reasonable doubt. If every element cannot be proven beyond a reasonable doubt you must be found not guilty. Also, even if the prosecutor has proven each and every element of Felonious Assault beyond a reasonable doubt but you present a defense, such as self-defense, you should still be found not guilty.

Felonious Assault in Michigan

The elements of Assault with a Dangerous Weapon in Michigan are

1. The defendant attempts to commit a battery on a person or tries to make a person believe that they are about to be battered,

2. The defendant intended to put the person in fear that they were about to be battered; and,

3. the defendant had the ability to batter the person; and,

4. the assault must have been made with gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon, but without reaching the level of intent to commit murder.

Woman Attacks Neighbors with Sword

Simone Nicole Bruce was accused of attacking her neighbors with a sword after drinking too much alcohol and watching Braveheart. She was swinging the sword around in the street and when her neighbors tried to leave in their car. She then chased the neighbors in the street and stuck the rear quarter panel with the sword.

She plead guilty to a charge similar to Michigan’s Felonious Assault law. The judge who took her plea stated, “I will take your plea but will not take your freedom,” and sentenced her to 18 months probation.

Michigan Felonious Assault Lawyer

If you have been charged with Assault with a Dangerous Weapon you need a Michigan Felonious Assault Lawyer. Michigan criminal lawyer, Aaron J. Boria fights for his clients. We have successfully had felony assault charges dismissed. Contact Aaron J. Boria, PLLC, today (734) 453-7806.

False Police Report in Michigan

Being charged with False Police Report is a serious accusation of a criminal offense that could land you in jail or even prison. 

If you have been charged with committing the crime of making a false police report call criminal defense lawyer, Aaron J. Boria today )734) 453-7806.

Canton False Police Report

On September 27, Canton police were dispatched to a home in response to a Home Invasion. According to the police report, police found a door jam that had broken and was speculated that someone was trying to break in to the home. No one was found inside the home and there was no indication that anything had been tampered with.

Police became suspicious when one of the homes occupants reported that nothing was missing without going inside and looking around. Upon further questioning, police claim that the occupants’s statements seemed to conflict with each other.

Police then questioned a neighbor and were told that the neighbor overheard an argument between two of the home’s occupants regarding the door being locked.

Police questioned the homeowner again and now claim to have gained a confession. According to police, the homeowner was upset that his daughter broke the door to get into the house after being locked out. The homeowner didn’t want to pay for the damage, so he made a false police report.

The case will be heard at the 35th District Court in Plymouth which handles criminal cases for Plymouth, Northville, and Canton. 

Michigan Criminal Lawyer

The story above was found in the Plymouth Canton Patch and was based on a police report. Remember, a police report is only one side of a story, and any one charged with a crime is presumed innocent until proven guilty.

One thing to look at in this case would be to decide if the police truly did gain a confession, or did they manipulate the facts. If the Canton police did gain a confession, was it obtained legally? If the homeowner or the daughter were in a police custodial interrogation and were not given Miranda warnings then their “confession” is not admissible.

False Police Report

MCL 750.411a is the law that covers Michigan False Police Reports. It states that it is a crime to make a false police report in Michigan and can be punished as a misdemeanor that would include up to 93 days in jail and up to $500.00 in fines, or even a felony that could result in up to 4 years in prison and a fine of up to $2,000.00.

If you have been charged with a crime contact Michigan criminal lawyer, Aaron J. Boria today for a free consultation (734) 453-7806.

 
Michigan Criminal Attorney

If you have been charged with a crime in Michigan you need to hire an experienced and aggressive criminal defense attorney.

Make sure you investigate your lawyer before hiring them. Under Michigan law, any attorney can claim that they are a Michigan criminal attorney even if only 1% of their practice is comprised of criminal defense.

Check the attorney’s background and do some research. Michigan criminal lawyer, Aaron J. Boria has been named Client’s Choice in Criminal Defense in 2012, 2013, 2014, 2015, 2016, 2017, and 2018 by AVVO.. Boria has been selected at one of the top criminal lawyers by Detroit Business Magazine and as a Super Lawyer in criminal defense in 2017, and 2018.

If you have been charged with a crime call a real criminal defense lawyer, call Aaron J. Boria (734) 453-7806. 

Michigan Criminal Attorney, Aaron J. Boria

Aaron J. Boria is a Michigan criminal attorney. Having handled hundreds of criminal cases, appearing in court thousands of times, winning trials, and having cases dismissed, you can be assured that Aaron J. Boria will have your back.

Boria achieves results on a daily basis that that other lawyers simply cannot come close to. 

Before Mr. Boria was a licensed lawyer he was a part of the Innocence Project where he worked to prove the innocence of the wrongfully convicted. Boria had already appeared in court hundreds of times in Washtenaw County. Mr. Boria won his first jury trial, and continues to take cases to trial when other attorneys refuse or are too afraid. 

Mr. Boria spends hundreds of hours every year staying current with the law and hitting the most cutting edge legal trainings.

Boria is regularly retained by police officers, court employees, doctors, and even other lawyers when they themselves or family members are facing criminal charges. 

Michigan Criminal Defense Attorney Wins

Remember that you have rights. You are presumed innocent and the prosecutor has the burden to prove guilt. The police often lie and stretch the truth to fake confessions and get convictions. As a Michigan criminal attorney, we know how to uncover the truth.

If the police did not have a reason to stop you your case could be dismissed. If the police didn’t have a reason to arrest you then your case could be dismissed. It is also possible that what the police are calling a confession was gained illegally or coercively and should be dismissed.

Contact a Michigan Criminal Attorney

If you have been charged with a crime contact criminal defense lawyer, Aaron J. Boria (734) 453-7806. Aaron J. Boria fights for his client’s rights and protects their future. When you need help, and when you need it most call Aaron.

Driver License Reinstated After Major Violation

The Michigan Secretary of State practically has carte blanche over our driver licenses. The driver assessment appeal Hearing Officers have gained a reputation for being stern, aggressive, and unforgiving.

Michigan driver license lawyer, Aaron J. Boria, is fighting back against the secretary of state getting more and more people their licenses back and them back on the road. License revoked? Call Michigan license lawyer, Aaron J. Boria today (734) 453-7806. 

Boria has obtained countless drivers their licenses back. Boria has won numerous driver their ability to drive back after their license was revoked for drinking and deriving, refusing to blow, and for interlock violations. 

Revoked Driver License Hearing

If you have been convicted of two drinking and driving offense with in 7 years or 3 in a 10-year period then your license will be revoked. In order to get your license back you will have to attend a driver license restoration hearing and demonstrate that you have been sober for a minimum of a year and have no intention of drinking or using drugs again.

Getting Your License Back

With a few exceptions, you will be granted a restricted license with a breath alcohol ignition interlock device (BAIID) on your vehicle. After one year without any violations you are eligible for another hearing for a full license.

Interlock Violations

While you are driving with an interlock device (some people call it a blow-and-go) you have to be careful not to violate. The machine does not know who is driving the car, so if someone else drives with even a small amount of alcohol the machine will detect it and you will be blamed for it.

One common violation includes electrical work done on the car, which can create a false positive for tampering.

Another common violation occurs when someone leaves their vehicle running, the machine requests the person blow into it but they are not there, and the machine registers the person as having a major violation.

Always get a PBT and an Etg any time you have an interlock violation no matter how minor is may seem at the time, doing so could save your license. 

Major Violation Adverted

Our client had just left his job. He blew in his interlock device as requested and it registered a .000 blood alcohol level. He headed down the street to his favorite pizza place where he was going to pick up a calzone for lunch. He left the car running and ran into the pizza place to grab his carryout. When he ran inside they had burnt his calzone and agreed to remake it. While he was inside the pizza shop the interlock device requested a breath sample. When no one blew in it the device recorded a major violation.

A few days later our client received a notice from the secretary of state that his license was revoked. He was devastated. He called our office and got us on the case.

We filed a request for a new hearing and within a matter of a few weeks we were back in the Driver Assessment Appeal Division Hearing Officer. The hearing officer heard our case. The Hearing Officer seemed less than pleased that our client did not follow the instructions to the letter for operating the device, but in the end he granted our client’s license back on the spot.

License Lawyer

If you lost your license contact Aaron J. Boria. We have won countless drivers their driving privileges.  Call us today at (734) 453-7806.
Michigan Driving on Drugs Case Dismissed

Michigan Operating With the Presence of Drugs (OWPD) is a strict liability offense. This means that if you have any amount of a controlled substance in your system while driving a motor vehicle you are guilty of driving on drugs.

There are still defenses to driving on drugs and in this case the defense was that scientifically the amount of drugs in there person’s system was just to small to be reliable evidence. 

Charged with driving on drugs in Michigan? Call criminal defense lawyer, Aaron J. Boria today (734) 453-7806. We fight for clients and we get results other lawyers simply do not. 

Michigan Operating With the Presence of Drugs

When someone is arrested for suspicion of driving on drugs they will be required to submit to a chemical test under Michigan’s Implied Consent Law. Their blood will be taken and it will be put into a vile that will then be sent of to the Michigan State Police crime lab in Lansing where it will be analyzed.

Machines are then used to detect the presence of a controlled substance in the person’s blood. The government claims that these machines can detect substances like marijuana in trace amounts; amounts so incredibly small they are measured in nanograms. To put it into perspective, a nonogram is a billionth of a gram; it is written as 0.000000001g.

The prosecutors will try to convict someone with as little as a single nanogram of active THC in their system. This means that a person could smoke marijuana, hours could go by and they could feel completely sober, and in many cases they are.

A major problem that many Michigan criminal lawyers do not know is that the machine used to detect the marijuana has an error rate of as much as 3 nanograms. So a person that registers any where from 1-3 may actually be 0 and dead sober.

Michigan Driving on Drugs Lawyer

Not only is Aaron J. Boria a Michigan criminal lawyer, but he is also a committed Michigan driving on drugs lawyer.

Our most recent success involved a student athlete who was pulled over after the officer accused the client of not coming to a complete stop. The officer ordered the client out of the vehicle and asked the client to do field sobriety tests. The client did well on the field sobriety tests but the officer arrested them for driving on drugs anyway and his blood was drawn. The matter was set for trial a few months out and just a week before the trial date the lab results came back indicating 1 nanogram of active marijuana.

As discussed above the machine has at least a 3 nanogram error rate. Again a completely sober person could register as having active THC in their system when in fact they did not.

Michigan Driving on Drugs Dismissed

After Michigan criminal lawyer, Aaron J. Boria has further negotiations with the prosecutor they agreed to dismiss the driving on drugs charge against our client. Our client will not have to go to trial, and he will never have this offense on his record.

Aside from the normal operating while intoxicated offense blood cases could have additional defenses:

Was the blood drawn properly?

Was the blood stored properly?

Was the blood handled properly by police and technicians?

Was there enough of the drug found to believe the results were reliable?  

If you have been charged with driving on drugs contact Michigan criminal lawyer Aaron J. Boria today for a free consultation. (734) 453-7806.
No Jail For Drunk Driver Causing Accident – Allen Park

Our client hired us after he plead guilty at the 24th District Court in Allen Park to the drinking and driving offense of Operating While Intoxicated. The client was told he should be ready to go to jail when he returned for sentencing.

The defendant wised up and called drinking and driving lawyer, Aaron J. Boria and when it came time for sentencing he didn’t serve even one day.  Facing drunk driving charges? Call Aaron J. Boria at (734) 453-7806. 

Operating While Intoxicated in Allen Park

Without getting to far into the facts of the case we will just say that our client was going through a rough patch when he drove home from the bar on the night of his arrest. He lost control of his vehicle and crashed into 3 other vehicles and was taken to the hospital for injuries. He was charged with OWI, a misdemeanor.

The offense of Operating while Intoxicated is a misdemeanor, punishable by up to 93 days in jail and a fine plus costs. Most Michigan OWI convictions also result in probation for up to two years, drug and alcohol testing, community service, and alcohol treatment.

Judge Courtright of the 24th District Court was the judge in this case. Courtright is known for being especially tough on drunk drivers. It was no surprise tous when our client told us the judge planned on handing down a jail sentence especially given the fact that their was a traffic accident with not one but three other vehicles.

Courtright told out client after he entered into the plea that the client had better plan on serving at least 30 days in jail when he returned for sentencing. 30 days in jail would insure that our client would loose his job and would be unable to get recover. His family depended on him for income, health care and support. A 30 day jail term would likely end up in the family loosing their home. There was a lot on the line with this case and a great deal of work went into it.

After a very long allocution to impress upon Judge Courtright that this person is much more than the drunk driver that crashed his car on that unfaithful evening, the judge agreed not to send him to jail. 

Michigan OWI Lawyer Success

Many so called criminal defense lawyers stop working after the plea. Sure they show up, but often times they are unprepared and wing it. At Aaron J. Boria, PLLC, we know that the case isn’t over until it’s over.

We spoke with the judge’s staff on several occasions along with the prosecuting attorney; additionally, we filed supplements to the Pre Sentencing Interview. In cases such as this where there is an accident it is so important to show the judge that the defendant is a person and not just a case number.

The sentencing hearing went on for quite sometime. The judge came down from 30 days to 21 then to 12 and finally agreed that this person had learned their lesson, that having them out of jail and on probation would be better for society than jail would. Our client walked out of court a free man.

If you have been charged with a drinking and driving or some other offense contact criminal defense lawyer, Aaron J. Boria today. (734) 453-7806

Possession of Marijuana and Your License

Can a conviction for possession of marijuana suspend your license? Yes, believe it or not, even if your marijuana possession was no where near a vehicle a conviction for possessing marijuana will result in losing your driver license for six months. 

Possession of marijuana lawyer, Aaron J. Boria has saved countless people their driving privliges by beating the charge, obtaining a reduction, or filing a motion to get the person their driving privileges back. 

Call (734) 453-7806 today for drug crime defense lawyer, Aaron J. Boria 

Michigan Possession of Marijuana

MCL 333.7403(2)(d) governs a possession of marijuana under Michigan law. Basically, it states that a person shall not be in possession of marijuana, and a person charged with the criminal offense of possession of marijuana could face a penalty of up to a year in jail and a $1,000.00 fine.

If you are facing a drug crime charge call (734) 453-7806 today to speak with an experienced lawyer.

Michigan Marijuana and your Driver License

A conviction for possession of marijuana also means license sanctions under MCL 333.7408a(1), which states a person’s license will be suspended for a period of six months for a first offense drug conviction. It may be possible to convince a judge to grant a restricted license after the first 30 days of suspension.

On a second offense your Michigan driver license will be suspended for a year. A restricted can be granted after 60 days of suspension if the judge can be convinced.

Michigan Marijuana Lawyer

Depending on your criminal history, it may be possible to prevent the loss of your license for a marijuana conviction with a good Michigan criminal defense lawyer. In some cases it may be possible to prevent a conviction all together.

Even if your criminal history precludes you from being eligible for a special provision that would prevent a conviction or the loss of your license a Michigan criminal lawyer may still be able to get the charges against you dismissed. If the police did not have a legal reason to have an encounter with you, or a legal reason to arrest you, or a legal reason to search you it may be possible that your possession of marijuana charge will be dismissed.

Even in cases where you have a prior record and the police did everything correctly it may still be possible to save your driving privileges. 

If you have been charged with possession of marijuana contact Michigan criminal defense lawyer, Aaron J. Boria. Aaron J. Boria has successfully had numerous Michigan marijuana charged dismissed and has saved people their freedom to drive. Contact Michigan criminal defense lawyer, Aaron J. Boria today for a free consultation (734) 453-7806.

Retail Fraud Cannot be Charged With Larceny in a Building

Facing criminal charges for a theft offense? Michigan criminal lawyer, Aaron J. Boria fights for his clients and gets results, call (734) 453-7806. 

In Michigan, a person cannot be charged with both retail fraud and larceny from a building in the same offense.

If you are facing theft charges and you are unfairly being charged with both retail fraud and larceny from a building contact our office today (734) 453-7806

Michigan’s Retail Fraud Statute

The retail fraud statute was an organized attempt by lawmakers to stop prosecutors from their former practice of over charging all shoplifting offenses with a felony rather than a misdemeanor. For an example of the prosecutor’s abuses in regard to this type of cruel charging practice take a look at the case People v Evans, 94 Mich App 1. In the Evan’s case the prosecutor saw to it that Evan’s saw 14 years in prison as a habitual offender for stealing a $1 Sears’ scarf.

The retail fraud statute has been modified to prevent this type of abusive prosecution and now has built in protection for a defendant, which can be found at MCL 750.356d. Specifically, MCL 750.356d(3) states, “A person who commits retail fraud in the second degree shall not be prosecuted under section 360”. Section MCL 750.360 is the felony of larceny from a building and is specifically precluded.

The statute goes on to say, “a person who commits retail fraud in the second degree shall not be prosecuted under section 360 [larceny in a building]”; MCL 750.356d(5): “A person who commits retail fraud in the third degree shall not be prosecuted under section 360 [larceny in a building].”

Abuse By Prosecutors

Other local attorneys have reported to our office that the Oakland County prosecutor has tried to get around the built in protection of the Retail Fraud statute by charging larceny from a person arguing that the stolen property was under the constructive possession of the sales clerk at the retail store. This is a bunch of bologna.

Criminal Defense Lawyer

Retail fraud and theft offenses can be defended. My office has won trials where someone was accused of something and the defense was that we believed the property in question has been abandoned. In another case, we obtained a not guilty verdict where multiple people could have stolen the item in question. 

Other defenses could include a claim of right, or an innocent accident. 

If you are facing theft crime charges in the State of Michigan you need a lawyer that knows the law and fights to results where other lawyers fall short. Call criminal defense lawyer, Aaron J. Boria today (734) 453-7806. 

Aaron J. Boria, PLLC, is a criminal defense law firm dedicated to protecting your rights. We don’t judge our clients, we stand up for them.

 
Drinking and Driving can be Defended

Drinking and driving lawyer, Aaron J. Boria, fights for his clients and gets extraordinary results that other lawyers simply cannot. Call (734) 453-7806 today for a free consultation. 

Many clients call my office for a drunk driving consultation and tell me that they had consumed a few drinks and drove their vehicle and they ask me if they should just plead guilty and take the punishment. The answer I give to these clients is “no”.

There are many other ways to defend a drinking and driving conviction. The burden is always on the prosecution to prove their case beyond a reasonable doubt, which means they have to present evidence of guilt. This also means that the evidence the prosecution uses against you must have been legally obtained.

That’s right, the police often obtain evidence illegally, sometimes intentionally and unintentionally, and try to use it against you. If you weren’t drinking, or weren’t drinking enough to have the blood alcohol level the police claim you may have a defense. If you weren’t the driver or it cannot be proven who the driver is you may have a good defense.  

There are three basic ways to challenge a drinking and driving offense.

Stopped for DUI

The police cannot pull you over just because they feel like it. The police must observe you commit a civil infraction such as speeding or failing to use a turn signal in order to stop you, or they must be able to articulate facts that suggest you were driving drunk such as swerving outside of the lane.

If the police cannot show a civil infraction or reasonable suspicion of drinking and driving then any evidence gained as a result of it must be suppressed, which would include evidence of blood alcohol. The case in turn should be dismissed.

Arrested for DUI

After police stop you they must meet a higher burden to arrest you, the burden is probable cause that a crime occurred and that you committed that crime. In order to meet this burden police will often ask that you perform filed sobriety tests.

Just as in cases where you are stopped for DUI the police must be able to articulate reasons they arrested you. If you preformed field sobriety tests, or didn’t perform them at all they may have a difficult time explaining why they arrested you and as a result the case could again be dismissed.

Testing for Alcohol

Just as in being stopped for drinking and driving and arrested for it the police must do so within the rules of law, failing to do so results in suppression of evidence and dismissal of the charges against you.

There are very specific rules for testing a person’s blood alcohol level and failure to do them correctly could again result in the dismissal of the case against you.

Drinking and Driving Lawyer

DUI lawyer, Aaron J. Boria, defends those accused of drinking and driving daily. Boria is certified in field sobriety testing as well as chemical testing. Boria attends classroom lectures regularly on cutting edge drinking and driving defense.

Boria knows the law and we know how to fight for our clients. In more than 90% of the cases we handle our clients charges are reduced from what they were charged with.

Recent results include felony drunk driving reduced to misdemeanors and misdemeanor OWI charges reduced to non drinking and driving offenses or even petty offenses. 

For a free consultation contact criminal lawyer Aaron J. Boria (734) 453-7806.