Mounting a Strong Criminal Defense Against the Prosecution
A person accused of a crime is presumed to be innocent until proven guilty. In a criminal case, the prosecutor has the burden of proof to establish the defendant is guilty beyond a reasonable doubt at trial. In Michigan, a “reasonable doubt” is a fair and honest doubt arising from the evidence or lack of evidence presented at trial, based on common sense and an understanding of the facts surrounding the specific case. Since a defendant’s freedom is often at stake in these proceedings, the reasonable doubt standard is the highest standard in the legal system. It is important to retain a criminal defense attorney who can make sure the prosecution is able to meet this high burden.
An experienced criminal defense attorney also will have an understanding of which defense strategies may be appropriate in your case. For example, a Michigan assault charge often may be defended by asserting self-defense. There is a state statute on this defense and jury instructions that explain a defendant’s right to self-defense. Once this defense is raised, the court will ask the jury to evaluate the defendant’s actions according to how the circumstances appeared to the defendant at the time of the incident. For this defense to succeed, the defendant must have had an honest and reasonable belief that they were at risk of being killed, seriously injured, or sexually assaulted. Even if this belief was later proven to be untrue, a conviction may not be obtained as long as the belief was reasonable.
Criminal defense work is an extremely technical and challenging area of the law. Many claim to know criminal law, however, you need someone who specializes in criminal defense and is not afraid to properly litigate your legal matter. You should not take our word for it—just look at this review:
"Mr. Scanland got two charges dismissed which ended up saving me over $1000 in driver responsibility fees. He called me to update me on the progress of my case. I did not have to contact him. I would recommend him to anyone who is facing a serious criminal charge."
For a free consultation of your case, contact us today at Mussin & Scanland, PLLC in Southgate, Michigan. We are ready to help you fight for the justice you deserve.