Michigan Criminal Defense Attorney - Assault & Battery - Defined, Generally

What is an Assault? What is a Battery?

Many people that hear the words “assault and battery” believe that some egregious act had to of occurred if an individual is charged with such a crime. However, this is not always the case. In order to be convicted of an assault and battery, it is best to first break down the definition of “assault and battery.”

Assault is the unlawful and intentional threat of bodily harm where the individual has the ability to carry out the act and the victim recognizes the threat of such harm. Battery is a willful and intentional contact with the victim while made against his or her own freewill. 

In essence, the assault is an attempted battery. Therefore, to be convicted of assault and battery there must be contact. This will hold true even if there was intent to make contact with another individual, yet it failed to come into fruition. An individual convicted of his or her first assault and battery can face up-to 93 days in jail and a fine of not more than $500.00 (a misdemeanor in Michigan).

Those convicted of more than one assault and battery can face even more time. Punishment increases to a possible 1-year jail term for a second conviction, attaching a possible $1,000.00 fine. For an individual who has more than 2 previous assault and battery convictions he or she faces a felony charge and could be sentenced up-to 2 years in jail with a possible $2,500.00 fine attached.

PLEASE DO NOT RELY upon any of the information contained in this article when trying to represent yourself. You should always consult with an attorney before relying upon any written advice, article, blog etc.

The Law Office of Josh Jones understands the important of keeping your record clean and making sure that you understand all of the consequences with any decision that you may make while involved in the criminal process. We will never leave you without a paddle when sitting in our boat. Contact us today for your free consultation. 

6th Circuit Court, Oakland County, Michigan - Criminal Defense Attorney, Josh Jones

6^th Circuit Court – Oakland County, Michigan

The Circuit Court is a division of the state judiciary, and it serves as a trial court of general jurisdiction serving all the citizens of Oakland County and the townships, cities and villages located within. The court is located at 1200 N. Telegraph Rd., Pontiac, MI. The court currently has two satellite offices for Adult Probation and Juvenile Probation. The court oversees the counties felony criminal charges, convictions, sentencing and probation.

The court will also oversee or has the jurisdiction to preside over misdemeanor cases and charges. This will generally happen when the misdemeanor charge is also attached to a felony charge. If you were in need or are looking to file a Personal Protection Order (i.e. a PPO), the 6^th Circuit court would be the proper court for such an order. More information can be found here. The Law Office of Josh Jones also will or can assist in filing and properly preparing a PPO on your behalf.

There are fourteen (14) judges that oversee the court’s criminal docket. Charges any particular judge will see ranges from trespassing to murder. The court see the worst of the worst, but also the dumbest of the dumbest when it comes to criminal charges. A list of these judges, along with their bios, can be found here.

The large number of judges makes it difficult to know the expectations of any particular criminal charge; however, that difficult can be minimized by having the appropriate counsel by your side when walking into the 6^th Circuit Court. The Law Office of Josh Jones understands the stress, pain and worry that criminal charges bring. We focus on taking the stress out of any criminal mess.

If you need to check the status of your criminal case, which may still be pending at the 6^th Circuit Court, click here and enter the appropriate information. The court also posts its holiday schedule here, which indicates dates the court is closes. 

Genesee County 7th Circuit Court - Michigan - Criminal Defense Attorney Josh Jones

7^th Circuit Court – Genesee County, Michigan

The Circuit Court is a division of the state judiciary, and it serves as a trial court of general jurisdiction serving all the citizens of Oakland County and the townships, cities and villages located within. It is comprised of nine (9) elected judges, and additionally, it has 80 individual making up its clerical, professional and administrative staff. The court is responsible for overseeing the Public Defender Program, Court Services Division, County Law Library, Financial Services Division, Felony and Misdemeanor Matters, Adult Probation, and Jury Commission. 

The court is located at 900 S. Saginaw, Flint, MI, and its doors open at approximately 8:00 A.M. Monday through Friday, except for Holidays when the court is closed. A list of holidays and days the court is closed can be found here. If you need to contact the court for any reason, a list of numbers and departments can be found here.

It is important to note and know that all persons will pass through metal detectors and x-ray machines in order to ensure that no weapons or illicit substances are brought into the courthouse, which includes cellphones with video capturing capabilities. The procedure for checking individuals when entering the courthouse will cause a short delay; however, be aware of this will cause the delay to be shortened dramatically.

The Circuit Court generally presides over felony criminal matters; however, it will also oversee or has the jurisdiction to preside over misdemeanor cases and charges. This will generally happen when the misdemeanor charge is also attached to a felony charge. The court see the worst of the worst, but also the dumbest of the dumbest when it comes to criminal charges.

The large number of judges makes it difficult to know the expectations of any particular criminal charge; however, that difficult can be minimized by having the appropriate counsel by your side when walking into the 7^th Circuit Court. The Law Office of Josh Jones understands the stress, pain and worry that criminal charges bring. We focus on taking the stress out of any criminal mess.

If you need to check the status of your criminal case, which may still be pending at the 7^th Circuit Court, click here and enter the appropriate information. 

Michigan Criminal Attorney - RETAIL FRAUD Breakdown - Josh Jones - All MISDEMEANORS & FELONIES

Retail Fraud - In A Nut-Shell

The State of Michigan statutorily divides up tits heft crimes into multiple categories, which includes the category of retail fraud. Michigan goes even further and divides retail fraud into separate classes or degrees. Each degree is based upon the amount of money the property taken is worth and has corresponding punishments for each.

Retail fraud in the first degree is limited to instances where the value of the property exceeds $1,000.00 and is punishable as a felony. An individual can face up to 5-years in jail and/or a fine of $10,000.00 or 3 times the amount of the value of the property taken, whichever is greater. Moreover, the prosecutor is allowed to use and aggregate multiple incidents, of retail fraud, over a 12-month period to determine the property value amount under this statute.

The other two degrees of retail fraud are both misdemeanors, and thus the maximum amount of time will be 1-year (if convicted for second degree retail fraud) and 93-days for an individual convicted of retail fraud in the third degree. Moreover, the value of property cannot exceed $1,000.00 for a second degree charge and property less than $200.00 will attach a third degree charge.

To note, the statute does allow for statutory increases in punishment for those individuals who have been convicted of the crime on a prior conviction. This applies to all degrees of retail fraud and is enumerated in the statute.

PLEASE DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR OTHERWISE STATED ON THIS SITE. HOPE TO SPEAK WITH YOU SOON.