Ihrie O'Brien - St. Clair Shores Trial Attorneys

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Conviction reversed based on self-defense argument

Some alleged crimes are incidents with a better explanation than first meets the eye. This is why the criminal justice system is based on two sides representing different views of events. At times, legal decisions are shown to be wrong and the wrong people will have paid the price.

A 26-year-old woman in Detroit was successful in her appeal against multiple felony convictions. She was charged after an incident in which she apparently brandished a registered and unloaded firearm to defend herself and her family from an attack. She was sentenced to two years in prison despite a self-defense plea.

The reversal of her conviction for felonious assault and felony firearm charges rested on her record and her insistence that she was defending herself. The woman was a registered gun owner with a concealed carry permit, and the jury was allegedly not informed of the details of her plea when they convened.

One issue at hand is the distinction between deadly force and nondeadly force. The threat or application of potentially lethal force, with a firearm or other weapon, often carries a greater weight in criminal punishments. An unloaded firearm, such as the one in this case, was not capable of delivering deadly force, and the woman knew that. As a result, deadly force is not in the equation.

Defenses against criminal charges can be complicated and take a lot of preparation. That is why an attorney is often a good ally when people have the need to defend themselves in court against prosecutors. A lawyer can work in negotiations to reduce sentences in plea bargains as well.

Ihrie O'Brien - St. Clair Shores Trial Attorneys

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