ArborYpsi law recently obtained a Not Guilty jury verdict in a domestic assault case.
Every Domestic Assault Case Has a Story
Every domestic assault case involves a detailed backstory. These cases do not happen in a vacuum. By the time the parties come to court, there is a history and a relationship the attorney must work to understand when taking the case.
In this case, the parties were going through a rough divorce, with children involved. We represented the husband. The wife claimed the husband pushed her, though her claims were somewhat sketchy.
Before trial, the prosecutor offered our client a 769.4a plea bargain deal. This type of deal would keep a domestic violence conviction off his record if he plead guilty. Our client said no. He was innocent, and the only option was trial.
The trial lasted the whole day. The wife and her mother testified for the prosecution. The wife’s story did not add up to an assault and battery. At most, she claimed the parties had some sort of scuffle, but could not elaborate on how this scuffle unfolded.
The mother had been on the phone with the wife while the alleged scuffle took place. Through cross examination, we forced the mother to admit she did not have any actual knowledge of a scuffle other than what her daughter led her to believe.
Our client took the stand to assert the evidence. Unlike the movies and conventional wisdom, many clients do take the stand. The jury is eager to hear the client’s story, to hear the client say he did not commit the crime or to explain what happened. The client was well-prepared for trial, and the prosecutor was unable to shake him up even a little bit by cross examination.
The Not Guilty Verdict
The jury deliberated for 15 minutes. The bailiff called us back in the courtroom to hear the foreperson tell the crowded courtroom that our client was not guilty of the accused crime.
The case was at the 33rd District Court in Woodhaven in front of the Honorable Judge Hesson.
Many domestic assault cases have a family law background. For example, the parties were going through a divorce. At stake here was not just our client’s criminal record but also the outcome in his divorce case. A domestic assault conviction can be used against a person when a family law judge makes a custody decision.
Other cases may involve a personal protection order. A personal protection order, also known as a restraining order, can be used by people as legal weapons.
At ArborYpsi Law, we are prepared to handle the family law aspects of cases as well. Our family law experience makes us better equipped to understand the dynamics of these cases.
Sam Bernstein is a traffic ticket lawyer in Ann Arbor.
ArborYpsi Law is located at 4158 Washtenaw Ave., Ann Arbor, MI 48108.
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