Experienced Ann Arbor Criminal Defense Attorney
There are many different defenses when it comes to criminal charges in Michigan. At ArborYpsi Law, Ann Arbor criminal defense attorney, Sam Bernstein, will develop a comprehensive legal strategy to protect your legal rights. Every legal case is unique, but there are common defenses that we can use to help aid in your defense.
Arrests and Charges We Handle:
- Drug Laws
- Traffic Tickets
- Domestic Violence
- Assault and Battery
- Sex Crimes
- College Student Sexual Misconduct
Defenses Your Ann Arbor Criminal Defense Attorney Will Consider for Your Case
A criminal conviction may impact many areas of your life. Areas of impact include immigration status, driver’s license, and professional licenses. You will receive information on these consequences. We will take them into account when we advise you on the best course of action.
We can suppress evidence if the police obtained evidence in violation of your rights. For example, if the police pulled you over without a valid legal reason, we can get any evidence obtained thrown out.
If you have an alibi, this means that you can’t have committed or been part of a crime because you were somewhere else when the event occurred. Our team will submit a notice of your alibi to the court in your defense.
In an assault and battery case, a person may use force in self-defense if the person honestly and reasonably believes self-defense is necessary. Self-defense must be proportionate to the situation. For example, if I honestly and reasonably think someone is going to punch me, I can punch them first. Another example is I can punch someone who has punched me if I’m concerned about being punched again. However, if someone punches me, I can’t take out a gun and shoot the person. This would be over and above self-defense.
Mistake of Law or Lack of Intent
Many crimes contain an element of specific intent. Not having that specific intent means you are not guilty of the crime. A good example would be if you thought you had permission to borrow a car, and then you are charged with stealing the car. The lack of intent to steal the car would clear you of the crime.
Burden of Proof
The prosecution has the burden of proof in criminal cases, which means if they cannot prove you are guilty beyond a reasonable doubt, then you cannot be convicted in court. The job of a defense attorney is to raise doubts in the prosecution's case.
Diminished Capacity or Insanity Defense
If you committed a crime under diminished mental capacity, it might help to mitigate your sentencing. While actual insanity cases are extremely rare and difficult to prove, the primary definition is that if someone is mentally ill and genuinely doesn’t know what they are doing is wrong, they may qualify for an insanity defense.
Statute of Limitations
Under Michigan law, criminal offenses are subject to a statute of limitations, and if this time has expired, you may not legally be charged with a crime.
Unconstitutional Search, Interrogation, or Seizure
The Constitution guarantees people the protection from unreasonable searches and seizures. If the police violated your constitutional rights, then any evidence found is excluded from trial. We will thoroughly examine your case to determine if your rights have been violated and use this to your advantage.
Contact an Ann Arbor Criminal Defense Attorney
If you have been charged with a crime in Michigan, contact an experienced Ann Arbor criminal defense attorney as soon as possible. Contact us today to schedule a free case consultation with our experienced defense lawyer, Sam Bernstein.
Being charged with a crime can make your world feel like it has been turned upside down. We won’t let that happen. ArborYpsi Law will be with you every step of the way. From your first phone call, we will explain the law and your options. Initial consultations are always free. Based in Ann Arbor, we appear in courts in Ypsilanti, Chelsea, Saline, Plymouth, Romulus, and throughout Metro Detroit.