Michigan Assault and Battery Lawyer Brian J. Prain Explains How to Stay
Out of Jail in an Assault and Battery Case.
I am a
Michigan Assault and Battery Lawyer, and what I mean by that is that I concentrate my practice on seeking-out
and defending those charged with assaultive crimes, including Assault
and Battery, the more serious Aggravated Assault, and a range of Felony
Assaults. We've never had an Assault and Battery client go to jail!
An Assault and Battery charge or Aggravated Assault charge are misdemeanor
charges, meaning that while commitment to State Prison is not a possibility,
incarceration in the County Jail IS possible. A
Michigan Assault and Battery
conviction can result in up to 93 days in the County Jail, minus any statutory
Sheriff's good time. By their violent nature, Assault and Battery
convictions don't engender much sympathy, but here are the top ways
to stay out of Jail:
-
Don't be convicted of Assault and Battery in the first place! Ever
since you were arrested or notified to appear in Court, you've probably
felt like you were already presumed guilty, especially with Court dates
and Bond conditions to comply with (i.e. "No Contact" with the
alleged victim, etc.). Some people don't even consider doing anything
other than pleading to something. DON'T think that way! An experienced
Michigan Assault and Battery Lawyer can take your case to Jury Trial or Dismissal without increasing
your risk factor. Trial preparation is no joke, and is not for the weak-hearted
attorney who does "a little bit of criminal defense work." But
remember, the two best words you can hear in your
Michigan Assault and Battery case are NOT GUILTY (followed by the Judge saying "SIR, MA'AM,
YOU'RE FREE TO GO")! Don't be mistaken, it happens. Our clients
have heard these words - don't rule out the possibility of taking
your case to Trial without speaking to a
Michigan Assault and Battery Lawyer.
-
If you are going to enter a No Contest or Guilty Plea, your
Assault and Battery Lawyer should fight for a
Cobbs Evaluation/Plea from the Judge or a
Killebrew Agreement with the Prosecutor for NO JAIL. Many Judges claim that they
do not offer these options in their courtrooms, but we have overcome that.
Still, many Judges do, and a
Killebrew Agreement is always enforceable. This is complicated, but to put it simply,
these are agreements that can help determine your sentence with some definiteness
before you even give your Plea to either Assault and Battery or a reduced
charge. We should talk about this more over the phone or face-to-face
during a free consultation.
-
Your
Michigan Assault and Battery Lawyer needs to do their homework before your Sentencing. You have a No
Contact Order preventing you from contacting the alleged victim, and that
person is often very angry with you anyway. But your lawyer is not you!
Have they made an effort to reach-out to that person and establish a relationship
(perhaps even letting that person know how terrible you feel about what
happened)? Wouldn't it be nice if, when the Probation Department contacts
the alleged victim to get their input on what should happen to you, that
person is already telling Probation that you should be treated leniently?
Wouldn't it be great if that person were in Court at your Sentencing,
telling the Judge that things just got out of hand and you're not
a bad person? There is so much more that can be done in defending these
Michigan Assault and Battery cases.
-
Get the right, experienced,
Michigan Assault and Battery Lawyer! It really does make a difference.
If you're still reading this, chances are you'd benefit from a
free, confidential, face-to-face consultation with Brian J. Prain,
Michigan Assault and Battery
Lawyer.
Call The Law Office of Brian J. Prain, PLLC
right now at
(248) 731-4543
and let us help put your mind at ease. You owe it to yourself.