Assault by Strangulation Charge Dismissed

In Blog by Chris Kessel

Michigan criminal defense attorney Chris Kessel 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.

At the preliminary exam Chris was able to pin down the complaining witness on a number of details.  First, that the force the client used was minimal.  The complainant said she never felt choked, never gagged, and never coughed.  All she said was that the client held her by the neck.  This testimony was used in Chris’s motion to quash.  The motion argued that the judge at the district court level abused her discretion in allowing this particular charge to go forward.  Appearing before Judge Laurence Talon, Chris Kessel didn’t even have to make an argument because the prosecutor immediately agreed with the motion.  With that, Judge Talon dismissed the charge, which is a 10 year felony in Michigan.  

Knowing the right questions to ask when cross-examining a witness only comes when you know the law and have court room experience.  The experienced Michigan criminal defense attorneys at Chris Kessel Law have a full and comprehensive knowledge and understanding of the law in Michigan.  You should expect nothing less from Detroit’s top defense attorneys.  If you or a loved one has been charged with a crime in Michigan, contact the defense lawyers at Nessel and Kessel Law for a free consultation.