NOT GUILTY on All Counts
It’s been a long journey for a client of Michigan Assault lawyer
Brian J. Prain. She was charged with Felonious Assault back in May of
this year, and with the help of Brian J. Prain, a Wayne County Jury at
the Frank Murphy Hall of Justice in Detroit found her NOT GUILTY of Felonious
Assault. She went home that day. Here, Brian J. Prain is interviewed about
the Felonious Assault case. JB: What was this Felonious Assault case all
about? How did your client end up charged with Felonious Assault? BJP:
My client was a wonderful woman, who I’ve now become great (lifelong,
I’m sure) friends with. She is a 55 year old grandmother. She got
a phone call from her grandson, crying. She went to their home to find
out what was wrong. Once she got there, her daughter’s “boyfriend”
refused to let her see her grandchild and then attacked her. A third-party
called the police, and when they arrived, he alleged the grandmother grabbed
a knife, came at him, and “threatened to kill her.” He also
claimed she had a “gun” (which was never found) and he “thought
he would be shot.” The police believed him and Felonious Assault
charges were brought. JB: What is the Felonious Assault law in Michigan?
What kind of time was your client facing? BJP: The Michigan Felonious
Assault law is MCL 750.84. Felonious Assault is also (technically) called
Assault With a Dangerous Weapon. It is punishable by up to 4 years in
State Prison. To get a conviction for Felonious Assault, the Prosecution
has to prove beyond a reasonable doubt that there was an assault with
a dangerous weapon, having the intent to injure (or to make the complainant
reasonably fear being touched) and having the ability or apparent ability
to touch the complainant. Felonious Assault in Michigan does NOT require
an actual touching or any injury. JB: What did you do to get ready for
the Felonious Assault Trial? BJP: Well (laughing) the same thing I basically
do to prepare for every Trial. My client and I spent probably 100 hours
together reviewing the case, gathering the facts, and, most importantly,
getting to know each other and becoming friends. I knew the story good
enough that by the time I gave my opening statement, I was there. We talked
to witnesses, recorded interviews, and Subpoenaed documents and phone
records. Pretrial Motions were filed to keep out damaging and prejudicial
evidence. Every question for every witness was written-out and practiced
with mock witnesses. Opening statement and closing argument were written
and practiced many times on video and critiqued by a group. I even flew
to Denver to work with a group of the nation premier trial lawyers. Nothing
was left to chance. JB: How were you able to get all 12 jurors to vote
Not Guilty on a serious charge like Felonious Assault? BJP: Well, due
to the preparation, it was all planned out. A Felonious Assault charge
turns on whether the Jury believes there was a weapon. The accuser had
already given testimony at a Preliminary Exam, which seemed credible and
supported a charge of Felonious Assault. But when we later Subpoenaed
other documents and records, they didn’t match up to his claims
of being the victim of a Felonious Assault. In order to believe him, the
Jury would have to believe he was assaulted with a knife (and allegedly
a gun) and thought he was going to be murdered, but had access to up to
three phones, but never called 911, even though there were 4 children
and another woman present. We were also able to prove he out-and-out lied
about other things. It’s AMAZING what you can show with phone records
and other independent evidence. That was the main idea, but there’s
SO much more. JB: What was the biggest obstacle you faced in the Trial?
BJP: Well (laughing out loud), Prosecutors like to play a little game
called saying “OBJECTION” as often as possible to interrupt
the flow of a well-prepared defense attorney. Not just in a Felonious
Assault case, but in all cases. Prosecutors are used to winning with little
to no preparation or skill, and sometimes that “OBJECTION”
game proves to be a viable strategy for them when the Judge decides to
play along. That was the case here. But here’s a secret for you
Prosecutors: object away, because Juries don’t like that! All they
do is position themselves as the attorney preventing the Jury from getting
a piece of the story they want. Plus, I had the Prosecutor all figured
out. I knew exactly what she was planning – she was going to save
important parts of her case for rebuttal. But when we called NO witness,
she was immediately forced into closing arguments with only half her case
being presented. I, on the other hand, was ready. JB: Don’t you
feel bad about playing the Prosecutor like that? BJP: Absolutely not.
They deserve it for being so cocky all the time (smiling). JB: Okay, well
what should a person accused of a Michigan Felonious Assault charge do?
BJP: Well, I know this sounds cliche, but call me. Seriously, why not?
I’m not just a “Criminal Defense” lawyer – I concentrate
specifically on Assault crimes, like Felonious Assault. Why trust a lawyer
that maybe does one Felonious Assault per year? I know these cases inside
out. I want your case. JB: Okay! So how can people reach you? BJP: They
can call my personal number at (248) 763-0641 anytime, since I answer
almost 24/7 and return calls promptly when I can’t, or they can
call our office number at (844) CRIM-HELP and speak to Kathi, who is an
awesome person who we call the “boss” there. Um, let’s
see, another option is to use our Custom Contact Form (below) and email
us at our website, www.michiganassaultandbatteryattorney.com. JB: Well,
thank you for your time, congratulations on the win, and good luck in
the future! BJP: Oh, yes, thank you it’s actually been my pleasure.
I’m just relieved for my client, who is now my friend, is at home
where she should be instead of locked-up in the Wayne County Jail waiting
for her final Sentence and maybe being sent off to an even worse place
with a Felonious Assault conviction on her record. – END INTERVIEW –