In Michigan, it is generally unlawful for someone to attack or threaten to harm another individual. In some instances, however, the use of force may be justified. For example, if people accused of assault crimes can demonstrate that their actions were necessary for their own protection or the protection of others, they may be deemed not guilty. Recently, a Michigan court discussed what evidence is necessary to establish acts were taken in self-defense in a case in which the defendant appealed his assault and weapons convictions. If you are accused of unlawfully causing another person bodily harm, it is advisable to confer with a skillful Michigan criminal defense attorney to assess what arguments you may be able to set forth in your defense.
The Alleged Assault
Reportedly, the victim visited the restaurant where the defendant worked as a manager and attempted to order food but did not have any money. As such, the defendant refused to take his order. The victim and the defendant began arguing, and the defendant obtained a gun from the back office and pointed it at the victim. The victim then left the restaurant and picked up a brick which he admitted he was going to throw through the front window of the establishment.
Allegedly, the defendant went outside to confront the victim and fired shots in his direction, one of which struck the victim in the leg. The victim left and encountered police officers a few blocks away. The officers proceeded to arrest the defendant, who was charged with numerous counts of assault with intent to do great bodily harm and unlawful use of firearms. A jury found the defendant guilty as charged, and he appealed, arguing the prosecution failed to rebut his claim of self-defense. Continue Reading ›