Not Guilty Verdict!
Few lawyers routinely get not guilty verdicts at trial. The attorneys with LEWIS & DICKSTEIN, P.L.L..C. do everything possible to achieve the best result possible for every client.
Another Big Victory for the Defense Team at LEWIS & DICKSTEIN, P.L.L.C.
Last week, LEWIS & DICKSTEIN, P.L.L.C. secured another NOT GUILTY verdict for one of the firm’s clients, a man accused of assaulting his daughter. Although it was an act of parental discipline, he was charged with domestic violence, a crime that carries a lot of baggage, including a lifetime ban on owning firearms, restrictions from eligibility for certain jobs, and the permanent label of “abuser.” The defense lawyers with LEWIS & DICKSTEIN, P.L.L.C. do whatever it takes to achieve not guilty verdicts at trial.
In the client’s case, he was charged with an assault and battery of his young daughter. She told her school counselor that her father had attacked her, and the counselor informed the police. Child Protective Services (CPS) began its investigation into the matter to determine whether a petition to terminate his parental rights was warranted.
The criminal charge and CPS investigation began because the client is a devoted father. His daughter had not been doing well in school, and she had started getting into trouble misusing her phone. Concerned over her falling grades and phone use and faced with an increasingly defiant child, the client spanked his daughter. Once.
The Law
In Michigan, Domestic violence is defined as an assault or assault and battery that one commits against a spouse, romantic partner, family member, or other person living with the accused. The State of Michigan allows parents to use corporal punishment so long as reasonable. Parental discipline is legal, and its use is a defense against assaultive criminal charges if the defendant can demonstrate that the force was used for disciplinary purposes and the prosecutor fails to prove beyond a reasonable doubt that the force used was not reasonable. Reasonableness is subjective, so it is essential at trial that any defendant affirmatively assert the reasonableness of the force, even though the burden of proof is supposed to lie with the prosecution. Consistently achieving not guilty verdicts at trial on domestic violence and parental discipline cases takes a combination of skill, savvy, experience, and zealousness.
The Case
After securing an outstanding resolution of the CPS investigation (the Michigan Department of Health and Human Services determined, by a preponderance of the evidence, that no abuse had occurred), LEWIS & DICKSTEIN, P.L.L.C. senior trial attorney George MacAvoy Brown sought a just conclusion to the criminal case. He negotiated with the prosecutor and secured the best deal possible short of dismissal: a reduced plea to Breach of the Peace with dismissal after six months of non-reporting probation under MCL 771.1. It was an incredible deal, but the client had to make the call. He simply couldn’t bring himself to take the safe way out. He knew he was innocent. It was a good thing he hired a firm that’s NOT AFRAID TO WIN. Some lawyers routinely fail to achieve not guilty verdicts at trial, but not the experienced, influential lawyers with LEWIS & DICKSTEIN, P.L.L.C.
The Verdict
After a challenging trial that involved testimony from multiple witnesses, including the man’s young daughter, the verdict was announced: NOT GUILTY. The charge was dismissed, the no-contact order was lifted, and the client walked away with a clean record. One of the lessons of this case was that you should ALWAYS ASK TO SPEAK WITH A LAWYER. Every citizen has a right to counsel and to be free from self-incrimination. Another lesson is that innocence may be presumed, but it is not guaranteed. If you have been falsely accused of a violent offense after lawfully disciplining your child or being charged with any other crime, call LEWIS & DICKSTEIN, P.L.L.C., and we will take the time to talk with you, answer your questions, and address your concerns. We will not let you down if you trust us with your representation. Although no lawyer can ethically guarantee any particular result, we assure you that we do whatever it takes to give our clients the best chance of getting not guilty verdicts at trial.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
