On Friday, September 13, 2013, a jury at the 35th District Court in Plymouth, Michigan returned a Not Guilty verdict for our client who had been charged with Assault and Battery. The jury reached was able to pick a floor person and reach a verdict in a mere 17 minutes. The jury listened to the witnesses, weighed the evidence, followed the law, and returned the right verdict.
False Allegations of Assault and Battery
Here is a quick summary of the facts as our client reported them: He was working for a company that sells salt and delivers it to homes for water softeners. Usually he works sales, but on this particular day he filled in for a delivery. He had a hard time finding the home as it did not have an address on the mailbox and the home was set back to far to see the address on the house.
When he arrived he parked on the side of the home, got out and tried to figure out if he was at the right place. There was a young woman tending to her child outside. As he approached her he heard a voice from the side door indicating he was at the right place. He turned around and went to the back of the cargo van grabbed the salt and proceeded toward the house.
Find out what's happening in Plymouth-Cantonwith free, real-time updates from Patch.
On the way to the house he made a joke about getting numbers on the mailbox so people could find the place. The homeowner took offense to the comment and began to argue. At some point the homeowner said he didn’t want the salt and told the client to leave. Client then carried the salt back to the cargo van and began to climb into the driver seat. As he got in the homeowner approached the van, called our client white trash, and other comments insulting him and his profession.
The client then got out of the van and the two argued some more. The homeowner then slammed the door hitting the client in the chest. The client then got in his van and pulled out. The girl that was outside yelled at him and he yelled back as he left.
Find out what's happening in Plymouth-Cantonwith free, real-time updates from Patch.
When our client got back to the office he received a call from the police who told him that he was being accused of committing an assault and battery. He then went to the police station voluntarily and spoke with the officer.
His boss also received a call from the man demanding the name of their lawyer and insurance carrier.
Our client maintained his innocence from the beginning. His story never changed, he even waived his right not to testify, and told the jury his story. The homeowner was impeached on more than one occasion on cross-examination. The jury saw the holes in the prosecutions story.
Michigan Assault and Battery
If our client had been convicted of assault and battery he would have faced a penalty of up to 93 days in jail, a $500.00 fine plus costs as well as the possibility of probation, community service, and other demands of the court.
Michigan Criminal Lawyer
Aaron J. Boria is a Michigan criminal lawyer and is concrete in Michigan assault and battery matters. If you have been charged with assault and battery or any other crime contact Michigan criminal lawyer, Aaron J. Boria today (734) 453-7806.
