Michigan Criminal Lawyer Blog

Selfridge Air National Guard Base (SANG) is one of the oldest military air fields in the United States. It is located in the Township of Harrison, County of Macomb and is situated on prime Lake St. Clair property. Approximately 6000 air and army national guard, as well as civilian employees, are employed and/or housed at the SANG base. There are numerous units assigned to SANG including the 127th Wing (Michigan Air National Guard), customs and border protection and the Coast Guard.

There are many SANG military personnel who are married, live on or off base, and are residents of a state other than Michigan. Our attorneys have represented SANG military personnel for numerous legal matters including drinking offenses (drinking and driving), domestic violence, assault crimes, drug crimes and retail fraud (shoplifting). Anyone in the military who is charged with a criminal offense faces special circumstances which we are prepared to defend. We understand that when a military person (reserved or enlisted) gets into trouble, he or she faces possible rank demotion, loss of security clearance and/or dishonorable discharge from military service upon conviction for a criminal offense.

When a military person becomes a client of our firm, we are aware of their special needs and potential consequences. Certain convictions may be detrimental to a military career. There are other ramifications such as travel restrictions and possible incarceration. When a drinking a driving (DUI or OWI) is charged, the issue may be less compelling and only involve the driver license sanctions for a non-resident. Our job is to identify the needs of our military clients and address these particular needs and concerns. For example, a recent client who was charged with domestic violence needed permission to travel out of the state and the country. The case was resolved favorably whereby the case will be deferred and dismissed after a period of probation. The Judge also granted permission for our client to travel out of state and out of the county.

Upon being retained, we ask our military clients to obtain documentation and references which may include:

• Civilian and Military Achievements, Medals, Deployments
• Letters of Recommendation
• Counseling Report
• Deployment Orders

Our goal is always to avoid a conviction or seek a result that will not jeopardize our client's future with the military. Our results include cases which are dismissed, reduced or dismissed after a period of advisement. Unfortunately, drinking and driving cases are rarely dismissed outright. However, we are usually able to have the charges reduced, avoid jail and obtain permission to travel upon transfer or deployment.

Our firm approaches criminal cases involving military personnel quietly, discreetly and with diplomacy. Fortunately, I have found the prosecutor's, law enforcement and the courts in Macomb County to be sensitive to those that are serving their country.

Assaultive conduct or deadly force will be particularly scrutinized by law enforcement officers and prosecutors for possible criminal charges. Under certain circumstances, an act of assault may be excused or defended if the use of force was based upon justifiable self-defense. The following is a list of assault crimes in Michigan:

• Assault and Battery
• Aggravated Assault
• Assault with a Deadly Weapon
• Assault with Intent to do Great Bodily Harm
• Assault with Intent to Murder

A criminal defense attorney will also explore every minute detail which can be utilized to pursue a theory of self defense.

Self Defense Background, Duty to Retreat Except at Home

A person's right to act in self defense in the face of an assault or attack is a qualified right which has evolved with the times. Under prior laws, one had a duty to retreat when it was reasonably feasible to do so. The duty to retreat does not apply within one's home. Under the Castle Doctrine, a person has no duty to retreat (from an assault) and may defend himself (self defense) within his own home. This is based upon English Common Law which gives protected status to one's home under the theory that a man's home is his castle. The Supreme Court ruled in Beard vs. United States (158 U.S. 550 (1895)) that a man who was "on his premises" when he came under attack and ... did not provoke the assault, had at the time reasonable grounds to believe, and in good faith believed, that the deceased intended to take his life, or do him great bodily harm...was not obliged to retreat."

Michigan's Current Self Defense Law, Stand Your Ground

Michigan, like many states, has adopted a stand-your-ground law. The crux of the stand your ground law means someone with a reasonable belief of an attack (assault) may act in self defense, without any duty to retreat, provided that the person is legally at a place or location where he or she has a right to be. Similar to the Castle Doctrine, a person may be justified in using deadly force in certain situations and the "stand your ground" law would be a defense to criminal charges and a civil suit.

MCL 780.972 Use of deadly force by individual not engaged in commission of crime; conditions.

(1) An individual who has not or is not engaged in the commission of a crime at the time he or she uses deadly force may use deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if either of the following applies:

(a) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent death of or imminent great bodily harm to himself or herself or to another individual.

(b) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent sexual assault of himself or herself or of another individual.

(2) An individual who has not or is not engaged in the commission of a crime at the time he or she uses force other than deadly force may use force other than deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if he or she honestly and reasonably believes that the use of that force is necessary to defend himself or herself or another individual from the imminent unlawful use of force by another individual.

Michigan has become one of many states that has liberalized laws pertaining to carrying concealed weapons (CCW). The plethora of firearms in the hands of individuals will eventually lead to greater use of those firearms. Michigan's "stand your ground" law insures that this will all be played out in the streets and then in the courts.

A recent Time Magazine article, April 9, 2012, "THE LAW HEARD ROUND THE WORLD", covers the "stand your ground law" following the controversial case involving the death of Trayvon Martin. The article asks this question: "When it comes to a confrontation on a dark street, at least two competing impulses come to mind: Do you stand your ground or turn the other cheek? Engage or run?"

Self Defense Education, Knowledge of the Laws, Firearm Training

Our law firm strongly urges anyone who is charged with assault, homicide or has acted in self defense to seek the advice and services of a criminal defense lawyer. We consult with many clients who have CCW permits whom retain our business card in case of an incident. If you carry a firearm or intend to do so, we recommend that you enroll in all available classes at gun ranges to become proficient in the use of your firearm and become a member of the NRA for continuing education about gun safety and your rights. We also urge our clients to know Michigan's CCW laws, Michigan's self defense laws and their personal rights; especially the right to remain silent!

ABDO LAW FIRM
Phone: 586-412-5555

A NO CONTACT ORDER can be ordered in virtually any criminal case including retail fraud/shoplifting cases. In Macomb County, courts will invariably enter a NO CONTACT ORDER against an offender as a bond condition or upon conviction of retail fraud/shoplifting at the time of sentencing. In Michigan, courts routinely impose a NO CONTACT ORDER as a condition of being released or bonded for personal criminal offenses such as domestic violence, stalking, sex crimes and assault. For these offenses, the offender is prohibited from contacting the alleged victim.

Contact, for purpose of NO CONTACT ORDERS, is broadly defined to embrace any direct or indirect contact or communications by the offender or by using third parties to contact the victim. Contact also includes the use of all electronic media (phone, fax, cell phone, computer) to make contact. Therefore, contact can occur if the offender sends a text or email, posts something on the internet or uses a friend to make a phone call. A violation of the NO CONTACT ORDER may result in revocation of bond and jail.

An offender may unwittingly be the victim of a NO CONTACT ORDER violation when the offender responds to an email or text message from the victim or someone associated with the victim. It may very well be a violation even though the offender did not initiate the contact. Anyone who is under the jurisdiction of a NO CONTACT ORDER must be vigilant and prudent.

A NO CONTACT ORDER may be lifted under certain circumstances. In many domestic violence and assault cases, the offender and the victim may want to maintain their prior relationship. The offender cannot just start calling the victim or return to the residence without court approval. The single best way to insure that a NO CONTACT ORDER is removed correctly is to have an attorney file a motion and schedule a hearing. Motions are legal written requests made to the court. The motion is scheduled for a hearing before the court and the victim will be notified of the hearing date.

An attorney plays a vital role at a hearing to lift a NO CONTACT ORDER. A criminal defense attorney knows that the court's priorities will be for the preservation of public peace and the protection of the victim. The attorney may need to obtain proof regarding the offender's involvement in a substance abuse or anger management program. The victim will also be notified and questioned by the Judge at a hearing to remove the NO CONTACT ORDER. If the court feels that the victim was threatened or has any reservations about the well being of the victim, the NO CONTACT ORDER will remain in force.

A Roseville woman is accused of having others beat her live-in boyfriend and failing to seek medical treatment, resulting in his death according to an article in the Oakland Press titled, "Three charged in beating death: Roseville man allegedly unconscious for 19 hours at girlfriend's home." The preliminary examination is scheduled for April 20th in the 38th District Court, which is located in the City of Roseville.

Initially, the suspects, all from Macomb County, had been charged with assault with intent to commit great bodily harm. However, the charges were enhanced to Second-Degree Murder following the death of the victim. Michigan's homicide laws and maximum penalties are as follows:

First Degree Murder: Mandatory life
Second Degree Murder: Life or any term of years
Manslaughter: 15 years
Negligent Homicide: 2 years

Manslaughter is broken down into 2 categories, voluntary and involuntary. Voluntary manslaughter involves the intentional killing with circumstances involving provocation and excited passions but without lawful justification (reducing it from murder). Involuntary manslaughter involves an act by a person against another with an intent to injure or doing some act in a grossly negligent manner which causes death. The defense attorney will undoubtedly ask the court to instruct the jury on the lesser offense of manslaughter, a 15 year felony, in an effort to avoid a second degree murder conviction which can carry up to life in prison.

A Hazel Park man was charged with assault in connection with a stabbing last month at a Mount Clemens night spot according to an article titled, Lapeer County man hospitalized after stabbing at Mount Clemens nightclub, in the Macomb Daily on March 14, 2011.

The suspect was arraigned in 41-B District Court, located in Clinton Township, with a felony charge of assault with intent to do great bodily harm less than murder. The maximum penalty for this offense is 10 years in prison. The court set bond at $30,000.00.

The defendant is accused of stabbing a man outside the Hayloft Bar on Feb. 20, 2011. The victim, a 27-year-old man, was treated for non-life-threatening injuries.

Under Michigan Law, the offense known as "assault with intent to do great bodily harm less than murder" requires the prosecutor to prove that the defendant specifically intended to cause great bodily harm. Great bodily harm has been defined as "serious injury" of an aggravating nature. The seriousness of an injury along with the manner in which it was done may be introduced as evidence of the defendant's intent.

However, an actual injury is not required to be charged with this offense as long as the defendant had the ability, or believed he had the ability, to commit the offense. For example, aiming a loaded gun at someone could be introduced in evidence to show the ability to shoot someone. At this point, a person could be charged with an offense of "assault with a dangerous weapon". To elevate this to the offense of "assault with intent to do great bodily harm", more evidence would be required.

A common defense to an assault charge is self-defense. If a person acts in self-defense, his or her actions are excused and he or she is not guilty of any crime. When this defense is introduced, the prosecutor must prove beyond a reasonable doubt that the defendant did not act in self-defense.