Assault and Battery

The federal and state constitutions grant criminal suspects various protections to ensure their trials are conducted fairly. They have the right, for example, to cross-examine any witnesses who offer testimony against them. There are several exceptions to the general rule, though, as shown by a recent decision in a case where the defendant claimed the court accepted improper evidence in his domestic abuse trial. If you’ve been accused of domestic violence, it’s a good idea to speak with a Michigan criminal defense lawyer about your options.

The Defendant’s Arrest and Trial

It is reported that the suspect was charged with his third offense of domestic violence. The prosecutor introduced a statement provided by the defendant’s son during a preliminary investigation of another domestic abuse case involving the defendant into evidence during the trial. The defendant was found guilty and sentenced to a jail term ranging from thirteen to fifteen years. He appealed, claiming that the trial court erred by admitting his son’s statement into evidence, on the grounds that it violated his fundamental right to confront a witness against him.

The Right to Confront Witnesses

The court clarified on appeal that unless there is a misuse of discretion, a trial court’s decision that evidence should be admitted should not be overturned. A court commits an error of law or abuses its discretion when it makes a decision that is beyond the realm of just and fair outcomes. Continue reading

People accused of crimes typically know that they are not required to testify at trial. People often do not understand, though, that while defendants cannot be forced to offer defenses against the prosecution’s claims, they do have a statutory right to mount a defense. If that right is violated, it may constitute a basis for granting a new trial. A Michigan court recently explained how an appellate court assesses whether a trial court violated a defendant’s right to offer a defense in an opinion issued in an assault case. If you’ve been charged with assault, you should speak with a Michigan criminal defense lawyer about your options.

Arrest and Trial of the Defendant

It is alleged that following a fight with two women, the defendant was charged with multiple assault offenses. The defendant acknowledged that he had a disagreement with the alleged victims, but claimed that they conspired to make false accusations against him. The first woman, on the other hand, said the defendant tried to stab her, pointed a gun at her, and scratched her face, while the second woman claimed the defendant threw her to the ground and attacked her with a knife. The defendant was found guilty as charged by a jury. He filed an appeal, claiming, among other things, that the trial court infringed on his constitutional right to present a defense by barring evidence about other acts.

Defendant’s Rights in Criminal Matters

The appellate court dismissed the defendant’s appeal after reviewing the facts. The court clarified that a defendant must raise the question of whether a trial court’s evidentiary decision deprived him of the right to present a defense at the trial level, in order to preserve the issue for appeal. In the case at hand, the defendant neglected to argue at trial that the testimony in question was admissible under Michigan Rules of Evidence or that his right to present a defense was violated because it was not admitted. Continue reading

Articles Posted in Assault and Battery

Michigan Court Discusses a Criminal Defendant’s Rights During Trial

Court Discusses the Right to Offer a Defense in Michigan Criminal Trials