Your Best Defense to Felony or Misdemeanor Charges
Charged with A Crime? You Need an Experienced, Passionate Defense Attorney Who Knows All the Possible Defenses, And One Who Is Not Afraid to Vigorously and Aggressively Present These Defenses. You Need an Attorney Who Is Not Afraid to Win.
Any defendant charged with a felony or misdemeanor is presumed to be innocent unless the prosecution proves him guilty beyond a reasonable doubt. Whether at trial or in negotiations for a misdemeanor, a defendant has a right to present a defense. In Michigan, there are many defenses available in a criminal case, and an experienced and successful defense lawyer will know how to analyze a client’s situation and build the most vigorous possible defense.
The thing that separates an ordinary defense attorney from a great defense lawyer is the time, energy, and skill put into proactively developing a defense and taking the steps necessary to admit that defense effectively at trial. If a prosecutor sees a defense attorney building a credible defense, he or she may elect to simply dismiss all charges rather than lose a bogus charge at trial.
In this three-part series, we will review for you the following defenses:
- Self-Defense – Part I
- Alibi – Part I
- Impossibility – Part I
- Duress – Part I
- Necessity – Part I
- Entrapment – Part II
- Involuntary Intoxication – Part II
- Claim of Right – Part II
- Insanity – Part II
- Consent – Part III
- Statute of Limitations – Part III
- Abandonment and Withdrawal – Part III
- Actual Innocence (a mistake, accident, lack of intent, etc.) – Part III
Consent as a Defense
There are many reasons why a consensual sexual encounter can turn into an allegation of sexual assault. In some cases, people are caught in affairs and decide to claim “rape” to avoid problems with a spouse. In other cases, an impromptu and unplanned sexual encounter can turn sour, and then into false allegations of assaults. There are many scenarios whereby a voluntary sexual act might lead to a false claim of an assault. These cases are always very complex to defend because there is usually physical evidence that a sexual act took place. The question is one of consent, and if a jury finds that the alleged victim actually and voluntarily agreed to engage in sexual relations, the defendant must be found not guilty! An experienced defense lawyer will know what evidence to look for and what proofs will be most compelling to the prosecutor when seeking dismissal or to a jury when the defense is fighting for an acquittal at trial.
The Statute of Limitations Can Result in Dismissal
The statute of limitations can be very confusing, even for many lawyers. Generally, the statute of limitations in Michigan for most ordinance violations, misdemeanors, and felonies is six years. The six-year limitation means that the prosecution cannot charge a defendant after six years from the date of the alleged offense. The defendant need not be arrested within that time frame. Other crimes have a 10-year limitation, and some offenses punishable by life in prison are not subject to any statute of limitations. To make matters more complicated, crimes committed against minors may not have limitations that start until the child turns 18. Also, if the defendant leaves Michigan, any time out of the state is not included in the time calculations.
Abandonment and Withdrawal as a Defense
A defendant may be able to successfully argue that he is not guilty if he voluntarily abandoned his effort to commit the crime or took steps to prevent it from taking place. This defense can also be a partial defense in the sense that a defendant who starts to commit a crime but then voluntarily and completely withdraws before completion may be guilty of an attempted offense, but not the actual, completed crime. An attempted offense carries a reduced possible punishment, and a prosecutor who sees that a defendant voluntarily withdrew from a crime may be more flexible in plea negotiations.
Actual Innocence (a mistake, accident, lack of intent, etc.)
A defendant may not have done anything wrong or illegal. Every felony and misdemeanor has elements or parts that the prosecution must prove. If one of the elements is factually unsupportable, the defendant is not guilty. For most crimes, the defendant must have intended to commit the crime. If the act was a mistake or accident, the defendant is innocent, and he is entitled to a trial if the prosecution refuses to dismiss the case. Shockingly, many lawyers who are afraid to fight take measures to scare and manipulate a client to accept a plea bargain even if that person is innocent. The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. will never push an innocent client to take a plea, and we will fight to defend you against any odds. If you are innocent, let’s go for the win in court if the prosecutor does not agree to dismiss the charge.
Criminal Defense Attorneys Specializing in Felony and Misdemeanor Representation
LEWIS & DICKSTEIN, P.L.L.C. is Michigan’s premier and highly respected defense law firm. We have an unparalleled record of successfully defending clients charged with felony and misdemeanor offenses in state and federal court. When there is no room for errors and false promises, and you need someone to fight for you like family, call us for help. We have a well-earned reputation for providing the highest quality, aggressive representation.
Call us today at (248) 263-6800 for a free consultation, or complete a Request for Assistance Form and we will contact you promptly.