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By: Elias Muawad

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Friday, 19-Oct-2012 07:24 Email | Share | | Bookmark
Defending Against Assault and Battery in Michigan

Being arrested for assault and battery charges is a grave thing in Michigan or any other state in the country. In the state of Michigan, your sentence, if convicted can range from three months to a life time in prison. It is therefore important that you have the right legal representation in court so that your part of the story is well represented. When it comes to assault and battery charges in Michigan, even if you’re in a minor fight where you may have been defending yourself you may be charged with a crime. All parties to the fight are arrested and then the case is sorted out.

The laws regarding assault and battery in Michigan are rather convoluted and therefore it is important that an experienced lawyer and firm handle your case. When hiring a lawyer it is important that you choose someone who has experience in cases that are similar in nature to your own. This gives them a better perspective on what is going own. Work at organizing your own arraignment. Make a list of all the documents you will need to get together and do so under the supervision of your lawyer. This will be your arrest record, the copies of the police file, your mental health record and all the information about any witnesses there may have been.

At the arraignment you will decide and declare how you want to plead – based on this your case will be built up by the lawyer. It is always important to stick to the truth so that the case runs its course the right way and you are giving a clean bill. You have to keep in mind that the constitution has the Fifth Amendment in which criminal defendants can shield themselves from testifying. But they will however have to give DNA and fingerprint samples if these are asked for during the trial.

Once the trial is done and you are not satisfied with the result, you have the sixth amendment which gives you the right to appeal and the onus of finding you a lawyer for your first appeal will fall on the government. Should you be of the opinion that you have been wrongly accused then it would be a good idea to get in touch with like-minded support groups that will help you fight your case the right way.

It is important that you hire a lawyer who you can relate to well. This rapport goes a long way in giving yourself a good day in court.

If you have been accused of a crime and need a criminal defense bloomfield that will fight for your rights. The best thing for you to do is talk to an experienced criminal defense lawyer southfield to help guide you through the process. ontact the Bloomfield Law Group today and speak with a criminal defense lawyer that wants to help you.

Monday, 27-Aug-2012 00:18 Email | Share | | Bookmark
What Is The Difference Between A Misdemeanor And A Felony?

Most people know that a felony crime is more serious than a misdemeanor; after all, if you're convicted of a felony, you could lose the right to vote for at least a few years. Unfortunately, few people know much more than that. You don't need a lot of legal experience or have to be a criminal defense lawyer to understand the difference, however. Here's a look at the difference between these two types of convictions, how the charges can affect you, and a few factors you should consider in your criminal defense strategy.

Definition of a Misdemeanor

Generally speaking, misdemeanor crimes are “lesser” acts of wrongdoing. In the U.S., they are normally considered to be punishable with jail time of a year or less. In Michigan, district courts tend to handle misdemeanors, while felonies are restricted to circuit courts. If you have been accused of a felony, however, you do have the right to a preliminary examination in the district court. If you have been accused of a misdemeanor, you don't get this examination and merely go directly to trial.

How the Difference is Determined

It can sometimes be hard to tell why one crime is considered to be a misdemeanor and why another is a felony. For instance, driving while intoxicated in the state of Michigan is considered a misdemeanor, but a third offense renders the crime a felony.

One of the criteria used to determine whether a crime will be considered a felony or a misdemeanor is its effects on society. Therefore, driving under the influence of alcohol or drugs once is considered dangerous but not damaging in the long run, while repeat offenses indicate that you might be a bigger danger to people around you. If it looks as though you may be charged with a felony, your criminal defense lawyer may attempt to argue that you do not actually pose this type of danger.

“Wobbler” Crimes

Some crimes are officially defined neither as felonies or misdemeanors. These “wobbler” charges vary by the specific offense. Whether your criminal defense strategy should be put together for a felony or a misdemeanor will depend on the charging decisions made by the prosecutor and how the judge and jury view the incident. It is possible for some criminal defense teams to convince the court that charges should be reduced. Some of the crimes that fall into this category in Michigan include “three strikes” crimes like drunk or drugged driving, as well as petty theft with prior convictions.

Rights and Felony Conviction

One factor that could be a big issue in your criminal defense is the possible results if you are convicted of a felony. Not only do felonies require a longer jail sentence, but they also reduce your civil rights. In Michigan, anti-felon laws are relatively lenient; you lose your right to vote only as long as you are in jail, and you can hold some public offices after release. Michigan does exclude you from jury service and gun boards for three to five years after completing your sentence. It's a good idea to factor the potential of extra side effects into your criminal defense if you think a felony charge is a possibility.

If you have been accused of a crime and need a criminal defense attorney sterling heights that will fight for your rights. The best thing for you to do is talk to an experienced criminal defense lawyer sterling heights to help guide you through the process. Contact the Bloomfield Law Group today and speak with a criminal defense lawyer that wants to help you.


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