Legal Question in Criminal Law in Michigan

Re: aggrivated assault

It sounds like your boyfriend has a good defense. I recommend that he hire an experienced and aggressive attorney to fight for him to try to beat these charges. We can be reached at 1 8667665245. For more information, go to:

www.AggressiveCriminalDefense.com

Re: aggrivated assault

"How far will the case go in court"? No one on this web site can predict that.

First, the exact charge is unknown (is your subject line telling us that it's Aggravated Assault). If it's a felony, then there's a district court probable cause hearing (called a preliminary examination) where a judge can dismiss felony counts that lack probable cause-level evidence ... but there is no similar judicial screening for misdemeanors (and Aggravated Assault is a misdemeanor).

Second, to a large extent, the prosecutor's office handling the case will decide whether the case will be tried, plea-bargained or voluntarily dismissed. Not the defense attorney or judge (in this pre-trial stage).

Third, it's quite possible that the total facts are not as clear-cut as you state them. Prosecutors must DIS-prove "self-defense" beyond a reasonable doubt, but just because your boyfriend is claiming self-defense doesn't mean that all of his actions were legally justified. Self defense requires, in part, that the person asserting self-defense (here, your boyfriend) not have acted wrongfully to begin with (essentially, being the initial aggressor, or baiting the other person into doing something that opened the the door for him the clock the aunt's boyfriend). Further, did your boyfriend over-react to Ted's "push"? If a reasonable person would not have 'panicked' and hit Ted under similar circumstances, then the self defense claim will fail. Additionally, every punch your boyfriend made is an assault & battery ... so it's possible that the first punch was self-defense, but was #2? Was #3? Each one has to be analyzed. After a point, self-defense may not be reasonable (e.g., the other party is on the ground or defenseless).

Prosecutors probably assessed the merits of the self-defense claim before charges were issued. I have refused to issue criminal charges many times because it's clear to me from the police reports that there's reasonable doubt as to whether a self-defense claim could be rebutted. But if I think it's a legitimate "jury question", I might issue the charge and see how the proofs play out.