Category Archives: Assault

Watch Dan’s Opening and Closing Statements In Our Latest Victory

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Dan’s Closing

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Client Victory: Not Guilty In Under 2 minutes Of Jury Deliberation

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Is It Illegal To Knowingly Pass On An STD (Sexually Transmitted Disease)?

What if you engage in sexual intercourse with someone and later find out you received an STD, and even worse, that they knew they had it? Is it a crime? In Michigan, yes, however there are some exceptions. In Michigan, Statute 333.5210 states:

333.5210 Sexual penetration as felony; definition.

Sec. 5210.

(1) A person who knows that he or she has or has been diagnosed as having acquired immunodeficiency syndrome or acquired immunodeficiency syndrome related complex, or who knows that he or she is HIV infected, and who engages in sexual penetration with another person without having first informed the other person that he or she has acquired immunodeficiency syndrome or acquired immunodeficiency syndrome related complex or is HIV infected, is guilty of a felony.

(2) As used in this section, “sexual penetration” means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal openings of another person’s body, but emission of semen is not required.

http://www.legislature.mi.gov/(S(zkpe1g45hwtajt55q20hhdyt))/mileg.aspx?page=GetObject&objectname=mcl-333-5210

This means that in the case of HIV and AIDS, it is not only illegal to transmit the disease if you know you have it, but it is also a felony to engage in any type of sexual penetration, even extremely slight, without telling the person that you have the disease whether they transmit it or not. In Michigan, however, this statute only applies to HIV and AIDS, and not any other STD. If convicted, a person can face a fine and/or jail time.

In many states and situations you can also file suit for a civil matter instead of criminal. Charges could range from assault or battery, intentional infliction of emotional distress, neglect or even attempted murder, depending on the case and the jurisdiction. At this point, almost every state has some sort of law or regulation regarding the transmission of STD’s to someone who knows that they are a carrier of the disease. Some states laws are more relaxed and include all types of diseases, while others have very specific regulations.

If you receive a STD through a rape, the rules are different due to the severity of rape in general. This statue is used for cases in which there was consent to the sexual penetration, however the person knowingly put you at risk for transmitting an STD without you knowing about it.

If you want to see what types of laws are in your area, check out this website for more help: http://www.criminaldefenselawyer.com/resources/criminal-defense/crime-penalties/std-transmission-laws.htm

Kristen@ambroselawgroup.com

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Bridal Shop Brawl

A bridal shop scuffle at First Lady Bridal Boutique in Lathrup Village has ended up on Youtube. It shows some very unhappy customers attacking and spitting on the shop’s owners. The fight caused over $20,000 worth of damage to the store and left surprised customers scrambling to get out of the way. For the full Detroit News article click here

The three customers, all relatives of an unhappy bride-to-be, appeared in court Wednesday on charges of assault and battery.

Here’s some quick and easy info on Michigan’s Assault Laws :

What is Assault?

Assault is making someone think you are about to hit them

Penalties:

Up to 93 days in jail and a $500 fine

What Defenses are there?

Self-Defense – You are only allowed to use the minimum amount of force necessary to protect yourself from an attack, taking into account how the stress an excitement of the situation may affect your perception.

Consent/Mutual Combatants – If two people agree to fight or physical contact is involved in an activity, then there is no assault. For example, playing in a contact sport.

Accident – If you didn’t intend to assault someone, then there is no assault. If you’re shooing a horsefly away and someone thinks you were trying to hit them, it is not an assault.

Jury Instruction

(1) The defendant is charged with the crime of assault. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant either attempted to commit a battery on [name complainant] or did an act that would cause a reasonable person to fear or apprehend an immediate battery. A battery is a forceful, violent, or offensive touching of the person or something closely connected with the person of another.

(3) Second, that the defendant intended either to commit a battery upon [name complainant] or to make [name complainant] reasonably fear an immediate battery. [An assault cannot happen by accident.]

(4) Third, that at the time, the defendant had the ability to commit a battery, appeared to have the ability, or thought [he / she] had the ability.

What is Assault & Battery?

Assault and Battery is making someone think that you are about to hit them, and then hitting them.

Penalties:

Up to 93 days in jail and up to a $500 fine.

 What Defenses are there?

Self-Defense – You are only allowed to use the minimum amount of force necessary to protect yourself from an attack, taking into account how the stress an excitement of the situation may affect your perception.

Consent/Mutual Combatants – If two people agree to fight or physical contact is involved in an activity, then there is no assault and battery. For example, playing in a contact sport.

 Accident – If you didn’t intend to assault someone, then there is no assault. If you’re shooing a horsefly away and someone thinks you were trying to hit them, it is not an assault.

 Jury Instruction

 (1) The defendant is charged with the crime of assault and battery. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt

(2) First, that the defendant committed a battery on [name complainant]. A battery is a forceful, violent, or offensive touching of the person or something closely connected with the person of another.The touching must have been intended by the defendant, that is, not accidental, and it must have been against [name complainant]’s will. It does not matter whether the touching caused an injury.

(3) Second, that the defendant intended either to commit a battery upon [name complainant] or to make [name complainant] reasonably fear an immediate battery.


What is Aggravated Assault?

Aggravated Assault is attacking someone without a weapon and causing an injury that requires medical attention.

Penalties:

Up to 1 year in jail and up to $1,000 fine

What Defenses are there?

Self-Defense – You are only allowed to use the minimum amount of force necessary to protect yourself from an attack, taking into account how the stress an excitement of the situation may affect your perception.

Consent/Mutual Combatants – If two people agree to fight or physical contact is involved in an activity, then there is no assault and battery. For example, playing in a contact sport.

Accident – If you didn’t intend to assault someone, then there is no assault. If you’re shooing a horsefly away and someone thinks you were trying to hit them, it is not an assault.

Jury Instruction:

(1) [The defendant is charged with the crime of aggravated assault. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(2) First, that the defendant tried to physically injure another person.

(3) Second, that the defendant intended to injure [name complainant] [or intended to make (name complainant) reasonably fear an immediate battery].

(4) Third, that the assault caused a serious or aggravated injury. A serious or aggravated injury is a physical injury that requires immediate medical treatment or that causes disfigurement, impairment of health, or impairment of a part of the body.

What is Felonious Assault?

Felonious assault is an attack on another person with a gun, knife, club or other dangerous weapon.

Penalties:

Up to 4 years in prison and up to $2,000 fine

What Defenses are there?

Self-Defense – You are only allowed to use the minimum amount of force necessary to protect yourself from an attack, taking into account how the stress an excitement of the situation may affect your perception.

Consent/Mutual Combatants – If two people agree to fight or physical contact is involved in an activity, then there is no assault and battery. For example, playing in a contact sport.

Accident – If you didn’t intend to assault someone, then there is no assault. If you’re shooing a horsefly away and someone thinks you were trying to hit them, it is not an assault.

Jury Instruction:

The defendant is charged with the crime of felonious assault. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

(1) First, that the defendant either attempted to commit a battery on [name complainant] or did an act that would cause a reasonable person to fear or apprehend an immediate battery. A battery is a forceful or violent touching of the person or something closely connected with the person

(2) Second, that the defendant intended either to injure [name complainant] or to make [name complainant] reasonably fear an immediate battery.

(3) Third, that at the time, the defendant had the ability to commit a batter appeared to have the ability, or thought [he / she] had the ability

(4) Fourth, that the defendant committed the assault with a [state dangerous weapon alleged].

If you want more info visit our site Ambrose Law Group

or call (248) 624-5500


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