Assault and assault and battery cases can be misdemeanors or felonies. Barnwell Law has successfully defended clients in both misdemeanor and felony assault cases. Many people accused of assault or assault and battery have valid Self-Defense claims. In these cases, the prosecution must prove beyond a reasonable doubt that you did not use reasonable and proportional self-defense.
As such, these can be difficult cases for the prosecution to win. Barnwell Law is not afraid to take your case to trial if it can be won, or help negotiate the best possible outcome depending upon the circumstances.
If you've been charged with Assault and/or Battery, you can face up to 93 days in county jail and court fines and costs. An assaultive conviction on your record can cause serious employment issues, and other collateral consequences such as loss of gun rights. Bill Barnwell of Barnwell Law has a long history of success with assaultive based cases and trials. To prove their case, the Prosecution needs to prove either a harmful or offensive touching occurred (Battery) without consent, or that a person was put in reasonable fear of a battery and the person committing the assault had the apparent ability to carry out the battery. In other words, you don't actually have to batter or hit somebody to be charged or convicted of assault.
A common defense in assault-based cases is Self Defense. In a Self Defense case, you are legally allowed to use force that is proportional to the perceived threat. By way of example, if somebody hits you with a pillow, you can't pull a knife on them. Or if somebody throws a pebble at you, you can't draw a gun. But if somebody smacks you, and you push them off of you, or smack them back to try and get away from them, that is proportional defense. Also, the jury instructions state that even if a person is wrong about the threat that they think they are facing that they can still be acquitted as long as their actions were "reasonable."
Contact a top Macomb County, Oakland County, Wayne County, and Michigan attorney today. Bill has successfully handled assault and battery cases all throughout the state as a top-rated Michigan criminal defense attorney. Call today at (810) 394-2952!