Attempted murder, felony firearm, and reckless discharge of a firearm were just some of the charges that were dismissed after a preliminary exam held by defense attorney Chris Kessel, in the district court in the City of Taylor, Michigan. It was alleged that our client, JM, had used a shotgun to shoot his son in the arm, in an attempt to kill him. The allegations were supported by witness statements that claimed that the client had raised the weapon at his son, who was standing in a hallway in the family home, and fired a single shot, hitting him in the arm.
During the exam the prosecutor continually tried to elicit testimony to show the defendant had acted intentionally. The complaining witness (our client’s son) testified that there was a fight earlier in the day, which lead to a confrontation over the weapon that was later fired. The prosecutor went over where the two men were standing, the position of their hands on the firearm, and spent a considerable amount of time on the significant injuries that the complaining witness sustained.
Despite the allegations, the complaining witness, on cross examination, testified that he believed that the shooting was an accidental one. The judge appeared skeptical at first, but then attorney Chris Kessel, with the help of the witness, reinacted the shooting for the court. After the reenactment the judge told Chris Kessel that he found the demonstration most helpful…he then proceeded to dismiss all the charges. The prosecutor tried to get the judge to add additional misdemeanors to the charging document, but the judge refused.
Our client went from looking at a possible prison term of a minimum of over 10 years to being home for dinner that night.
If you or a friend or family member has been charged with any offense, make sure you have the best representation possible. Contact the attorneys at Nessel and Kessel Law today for a free consultation.
In November of 2014, Nessel and Kessel Law began our representation of a local college student who felt he was being targeted because of his homosexuality. Briefly, the facts of the case are as follows; the week before the incident in question Mr. McMurray had been assaulted by a number of other students. After the assault, Mr. McMurray called the police and made a report. Several days after making the report Mr. McMurray was confronted by the complaining witness in this case. The complainant showed up, unannounced, at Mr. McMurray’s dorm room and an altercation ensued. Here is a link to the previous blog post on the case.
Our client was charged with Assault by Strangulation, a felony charge with a maximum punishment of up to 10 years in prison. For any of us, especially a young man, just starting college with a spotless record, this charge would cause an incredible amount of nervousness and anxiety. After being charged, our client was suspended from school, expelled from school, faced harassment (both in person and in social media), all while being terrified of being sentenced to prison.
Thankfully, after months of negotiations, we at Nessel and Kessel Law are happy to report that this case has come to a conclusion. The felony charge was dismissed, in exchanged for a plea to a very low-level misdemeanor. But more importantly, the client will have the conviction suppressed his record completely clean after completing a brief term of probation. It is important to note that this resolution could not have been reached without the cooperation and assistance of the very hard working and fair minded prosecutor who was handling the case. Equally important is the idea that the Wayne County Prosecutor’s Office is open to the understanding of the plight of members of the LGBT community.
At Nessel and Kessel Law, we are intensely committed to the protection of the rights of members of the LGBT community. Will have never, nor will we ever, shy away from a fight involving the defense of those who are being discriminated against because of their sexual orientation or gender identity. Currently we are in the middle of a fight over the constitutionality of Michigan’s ban on same-sex marriage. But denial of the right to marry is not the only way in which LGBT rights are being denied and is not the only way in which member of that community are being discriminated against. Thankfully, we at Nessel and Kessel Law are committed to fight for the rights of all members of the LGBT community.
Chris Kessel Secures Not Guilty Verdict
The client was in tears as he and criminal defense attorney Chris Kessel listened to the jury foreman read the verdict. Not guilty verdicts were read as to all three of the charges against the defendant. Along with first degree premeditated murder, the client was found not guilty of felony firearm and felon in possession of a firearm. The charges stemmed from a shooting that took place in Detroit in August 2013.
Detroit defense attorney Chris Kessel’s entire theme of the case was that when you make a very specific description of clothing, the actual clothing better match that description. The prosecution’s case rested almost solely on the testimony of one witness; an eye-witness to the actual shooting. The witness testified that she saw the shooting from her home, and that she had a clear view of the shooter, who was wearing a green hoodie with white writing across the chest and no zippers. While she was unable to see the face of the shooter, after being shown surveillance video from a nearby gas station, the witnesses picked out the defendant and claimed that he was the shooter.
Continue reading “Client Acquitted of First Degree Murder” »
PPO Attorney Successfully Fights Petition.
At a hearing in the Wayne County Circuit Court, family division, Dana Nessel, top Michigan criminal defense attorney and PPO attorney, successfully argued against the issuance of a Personal Protection Order (PPO). The petitioner and the client (respondent) were formerly husband and wife, but were divorced almost 10 years ago. The petitioner claimed that she was in need of a PPO because our client had made numerous threats against her. In her petition, she claimed that our client had been making these threats for months, that he had appeared at her home unannounced, and that he claimed he was going to use his pistol against her.
Our client lives in another state and had to arrange to hire a Detroit PPO attorney who would fight his case. He maintained that the claims in the PPO were completely false…or more accurately, that they were true to a certain degree. The petitioner claimed that the client had made threats, which was true in a manner of speaking. The parties have two children together. Our client has primary custody outside of Michigan. Unfortunately, the petitioner has a habit of failing to follow the parenting time order that is in place. As such, our client has had to file numerous police reports in order to prove to the court that she is violating the parenting time order. Thus, the threats that the petitioner mentioned were threats that our client would report the petitioner to the police, again.
Continue reading “PPO Petition Denied in Wayne County” »
Detroit defense attorney helps completely acquit client.
In the Third Circuit Court, before Judge Richard Skutt, Detroit defense attorney Dana Nessel helped to secure a complete Not Guilty verdict for her client. The client was charged with two counts of Criminal Sexual Conduct – 4th Degree, Indecent Exposure, and Assault & Battery. The charges stemmed from allegations that took place in Brownstown, Michigan. The claim was the our client, a female, began to grope another female co-worker. It was further claimed that our client exposed herself to several people in the group. These actions allegedly lead to a verbal and then physical altercation while the parties were still in the bar.
Our client was adamant that she was innocent of the charges brought against her, thus the case was scheduled for trial. The prosecution called several witnesses to support the allegations made against our client. Being a top Detroit defense attorney, skilled in the art of cross examination, Dana Nessel soon had several witnesses conflicting with each others’ stories. One of the witnesses actually almost broke down in tears when it became painfully obvious to all in the courtroom that she was simply making up facts as she went along. Continue reading “Client found Not Guilty of CSC 4th thanks to Detroit defense attorney” »
Michigan Criminal Defense Attorney Gets Case Dismissed
Michigan criminal defense attorney, Chris Kessel, of Nessel and Kessel Law, struck another blow for justice today in Wayne County Circuit Court by convincing the court to dismiss the charge of Assault by Strangulation/Suffocation. The offense itself is a newly defined crime in the State of Michigan. The law actually went into effect April 1, 2013. It was alleged that the client put his hands around the neck of the complainant and applied pressure so as to impede her breathing of blood circulation. This particular allegation is what lead the prosecutor to bring the strangulation charge.
Continue reading “Assault by Strangulation Charge Dismissed” »
Detroit defense attorney Chris Kessel turns 8 convictions into 4 with HYTA.
Several weeks ago a client came to Nessel and Kessel Law with EIGHT cases involving Breaking and Entering, Larceny from a Building, and Felony Firearm. It became immediately apparant that all 8 cases stemmed from the actions of one night. Unfortunately, because of the Felony Firearm charge the client was looking at a minimum of 2 years in prison.
Continue reading “Breaking and Entering Cases Dismissed” »