Michigan Assault and Battery Lawyer: Defense of Property

Michigan Assault and Battery Lawyer Brian J. Prain Talks About Our Right to Defend Our Property From Damage or Loss Without Being Guilty of Assault and Battery...

You're in a heated argument with someone. Next thing you know, they're grabbing something you own and either trying to break it or refusing to return it to you. You tell them "Let go!" But they refuse. You try to grab onto your property as a last resort to stop it from being taken or destroyed. Suddenly, they're on the phone with the Police claiming that you committed Assault and Battery. You never thought you'd need a Michigan Assault and Battery lawyer.

The cops arrive. One nice one and one nasty one. You explain how he or she took your [phone, tablet, whatever], threatened to break it, and refused to give it back unless you _________ (fill-in the blank here). You tell them how you were only trying to get your property back. The nasty cop says "It doesn't matter; if you touched them and they didn't want to be touched, it's still a violation of the Michigan Assault and Battery law. Now put your hands behind your back!"

Great. You never thought you'd need a Michigan Assault and Battery lawyer. Was that cop right about what he said? You've called 5 people claiming to be a Michigan Assault and Battery lawyer, and when you ask if you were within your rights, they all just sort of weasel out of the question and change the subject. Well, would it surprise you to know that many cops and lawyers don't know the Michigan Assault and Battery laws? Click here for information on the basic Michigan Assault and Battery laws under MCL 750.81.

At Prain Law, PLLC, Brian J. Prain is a Michigan Assault and Battery Lawyer. That means that we concentrate on defending criminal cases that have an element of Assault (particularly Assault and Battery charges). And as a Michigan Assault and Battery Lawyer, Prain Law, PLLC is here to tell you that DEFENSE OF PROPERTY IS A DEFENSE TO A MICHIGAN ASSAULT AND BATTERY CHARGE, and can result in you being found NOT GUILTY of A&B.

In the words of our own Michigan Assault and Battery lawyer Brian J. Prain, here is what the law says:

  • You may use "reasonable force" to defend your property from being taken or damaged;
  • The person you use force against to defend your property must have no right to that property;
  • You do not have a right to use force to defend your property if a reasonable person in your shoes would not have thought force was necessary under the circumstances; and
  • You may only use the amount of force that is reasonable, considering all the facts and circumstances.

If you are facing a Michigan Assault and Battery charge, you should contact Prain Law, PLLC right away? Why? Because there is no reason not to! Most criminal defense attorneys only do partial criminal defense. At Prain Law, PLLC, the only thing we concentrate on is being a Michigan Assault and Battery lawyer. We have NEVER had a client facing an Assault and Battery charge go to Jail. Call Prain Law, PLLC anytime at (248) 731-4543.


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Prain Law, PLLC is focused only on the types charges featured on our website. This helps us deliver the decisive, effective advocacy for which our clients know us. We only serve individuals currently under investigation or who have a current case pending in court. Our firm does not represent injury victims, defendants who have already taken a plea or have been sentenced, or those seeking to expunge a criminal record. We do not respond to anyone who is not involved in a pending investigation or who has a court case for a type of charge we do not handle, but we wish you the very best of luck.