Last week, in the 36th District Court, criminal defense attorneys Dana Nessel and Chris Kessel secured a major victory for their client. Charges of armed robbery, felonious assault, and felony firearm, were all dismissed against our client. The charges were brought as a result of an altercation where 5 people were present; the complaining witness and the 4 defendants. The complaining witness claimed that he went to the home of one of the defendants, where all 4 men (including our client) were present. According to the testimony, the 4 men asked the complaining witness about some money the men believed the man owed them. Then, the conversation turned violent as three of he men engaged in a fight with the complaining witness. The key was that there was never any testimony that our client was involved in the physical fight. Eventually the men separated, at which point our client had a conversation with the complaining witness about the money he believed he was owed. However, at that point, one of the other three men pulled a gun and began shooting into the air.
All four men were charged with armed robbery, felonious assault, and felony firearm. At the preliminary exam, the attorney for the other defendants focused their attention primarily on the actions of the complaining witness. However, Dana Nessel and Chris Kessel had a different strategy; focusing on the actions of their client. Through extensive cross-examination of the complaining witness, Dana Nessel was able to establish that our client took no part in the actual fight, nor did he attempt to take any money from the complaining witness.
After argument before the judge, all of the charges against our client were dismissed. Our client went from facing certain prison time to walking out of the courthouse a completely free man. It’s worth noting that the other three defendants have since been convicted of unarmed robbery.
Assault charges are often fueled by emotional and hostile witnesses. More often than not, a verdict will hang solely on the testimony of a complaining witness. The means that you need an attorney who is skilled in the art of cross examination, who can force a witness to admit things that may contradict earlier statements, police reports, hospital records, and other witnesses. Other times a case will turn on what the defendant’s intent was during the alleged assault. It can often times be difficult if not impossible to prove what someone’s intent was. At Nessel and Kessel Law, we have the experience needed to persuade a prosecutor, judge, or jury that you did not have the necessary intent to convict.
If you or a family member has been changed with an assaultive crime, contact the defense lawyers at Nessel and Kessel Law today.