Sometimes after a person is charged with a crime, he or she winds up facing new charges that are far more serious than the initial charge. This amplifies the need for a strong criminal defense, as an upgrade in criminal charges could mean years in prison if prosecutors are successful in obtaining a conviction.
To see an example, one need only look at a recent case out of Albion. There, a man was charged with assault after allegedly attacking another man during what police have referred to as a dispute over money owed for drugs. The accused individual was subsequently taken into custody and charged. Not long after that, though, the victim died. As a result, prosecutors are now planning to upgrade the charges against the accused individual from assault to murder.
Kalamazoo and other Michigan residents need to know that, regardless of the circumstances, strong legal defense options may be available to them. For example, in a case involving a physical altercation a defendant can sometimes argue self-defense. To prevail on an argument of self-defense, the defendant would have to show that he or she was in reasonable fear of imminent great bodily harm or death from the victim, and that the force the defendant used was proportionate to that threat. If the defendant successfully shows he or she acted in self-defense, assault or murder charges should be dismissed. There may also be evidentiary issues that are critical to reaching a favorable outcome. Improperly collected evidence may be tainted and therefore disallowed from being used against a defendant, for example.
The type of criminal defense to pursue really depends on the facts at hand. This means that those who wish to seek legal counsel need an advocate who is able to build a strong legal defense based on the unique facts and circumstances in the case.
Source: WIN 98.5, "Charges to be upgraded in drug related beating," John McNeill, Nov. 29, 2016