Articles Posted in Assault

In many criminal trials, the prosecution relies on testimony from victims and eyewitnesses to prove its case against the defendant. As such, if a key witness for the state later recants their testimony, it may constitute grounds for reversing a defendant’s conviction. A change in an eyewitness account will not always result in a favorable…

Criminal defendants rarely lack grounds to assert the insanity defense, but when they present compelling evidence demonstrating that the defense applies, they can often avoid a conviction. As such, if a defense attorney makes mistakes that prevent a defendant from offering a valid insanity defense, it may constitute grounds for reversing a conviction, as shown…

The Michigan Constitution and the United States Constitution afford criminal defendants many rights, including the right to counsel and the right to self-representation. While defendants are protected from harm caused by incompetent attorneys in that they can assert claims of ineffective assistance of counsel, if they choose to represent themselves, they waive the right to…

In Michigan, criminal statutes are made up of elements. Thus, when the state charges a defendant with a crime, the prosecution must establish each element beyond a reasonable doubt in order to obtain a conviction. While in some cases, the meaning of an element of a crime is clear, in others, it is less certain.…

One of the many rights the United States Constitution affords criminal defendants is the right to a trial before a jury of their peers. Parties do not have to exercise that right but can choose to be tried before a judge. The waiver of the right to a jury trial must be knowing and voluntary,…

When a person is charged of violating a Michigan criminal statute, the prosecution must prove their guilt beyond a reasonable doubt in order to obtain a conviction. If the evidence the state offers at trial is insufficient to sustain a conviction, but a defendant is nonetheless found guilty, they may have grounds for filing an…

Under Michigan law, there are some acts that, while they form the basis of criminal charges, are justified in certain situations. For example, if a person uses force against another person, they may be charged with an assault crime, but if they took such action to protect themselves or someone else, the charges against them…

Typically, in Michigan criminal trials, the prosecution is not permitted to introduce evidence that the defendant previously engaged in wrongful behavior that is similar to the criminal offense they are accused of committing. There are some exceptions, though, as demonstrated in a recent Michigan matter in which the defendant challenged his conviction for sexual assault…

It is well established under Michigan law that people can be charged with more than one offense following a single criminal incident. They cannot be found guilty twice for the same crime, however, as such rulings violate double jeopardy. Further, they cannot be found guilty of multiple crimes if such convictions are contradictory. In other…

In Michigan criminal matters, the prosecution bears the burden of proving each element of a charged offense beyond a reasonable doubt. If it cannot meet this burden, the evidence should be deemed insufficient to obtain or sustain a conviction. The standard of review the court employs when faced with challenges to the sufficiency of the…