Category Archives: Assault and/or Battery

Felonious Assault Trial = NOT GUILTY!

People are falsely accused of crimes all the time. There are a million and one reasons why someone would falsely accuse someone else of a crime: To protect themselves, to protect their family, to dispose of a problem, etc. In late February, our client came to us and told us that someone was accusing him of a crime that he did not commit and that they were doing so purely out of spite.

Our client, a man in his late 50’s, was accused by two teenage boys of attempting to run them over with his vehicle. Further, when police went to go question our client about the accusations, our client became angered and told the police to get off of his property. The police felt disrespected and proceeded to illegally arrest and taze our client several times. Ultimately, our client was charged with Resisting and Obstructing Causing Injury to a Police Office and 2 counts of Felonious Assault with a Deadly Weapon, to-wit: a vehicle.

It took a lot of motion work, and a hearing, but eventually we proved to the trial judge that the police had attempted to illegally arrest our client on his own private property, and therefore he was well within his rights to resist the arrest. Based on that, the trial judge completely dismissed the Resisting and Obstructing charge.

Subsequently we proceeded to trial on the 2 counts of Felonious Assault.

Neil was fantastic in trial. Initially, we had planned on calling 2 witnesses: our client and his daughter, to testify to the fact that our client had never tried to run anyone over with his car. However, after Neil’s cross-examination of these two teenage boys, Neil felt so confident that we would obtain a not guilty verdict, that we opted not to call a single witness!

The prosecutor called the two boys to testify to the events that had allegedly taken place. Yet, upon cross-examination, each boy’s testimony was wildly different from the other.

Based upon this cross-examination alone, the trier of fact determined that there was insufficient evidence to prove beyond a reasonable doubt that our client had done anything illegal.

Upon the conclusion of the prosecutor’s proofs, the verdict was read in open court: NOT GUILTY! These are the two best words in the English language for someone who is wrongly accused.

– Colin A. Daniels

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[Oakland County] — Neil Rockind Gets Assault and Battery Reduced to Parking Ticket

Again, I find myself in trial preparation mode.  Pouring over files, thinking and imagining how the people in this real life drama were acting, feeling and thinking.  Thinking about what they would say when on the stand.   How I will once again try to save a life?  How I will once again get to the truth?   Unlike many of my contemporaries and peers, my law practice is not based on WHO we know . . . It is based on WHO we are and WHAT we believe in.  I believe in the fight.  Nothing valuable or worthwhile in life comes without a fight.   You’ve got to want it . . .

I want justice.  I was blessed with the skills, abilities, wits and physical attributes to tell my client’s story:  to get to the truth.  To get justice.  I was put here on this planet for just that undertaking.

Months ago, a client told me that he had been wrongfully charged in an assault case.  He was offended, hurt and angry.   Today he is less so . . . Assault and Battery, Fighting in Public.  Those offenses are dismissed.  A double parking ticket is what awaits him.   From jailable crimes to a parking ticket.   That’s what we do.  That’s what I do.  As Herman Edwards, the former coach of the New York Jets, said, “you play to win the game.  you don’t just play to play.  you play to win. ”

I PLAY TO WIN.  AND WIN WE DO.  AND WIN I DID.

Neil Rockind, P.C. is a criminal defense firm in Southfield, Michigan.  You’ve met lawyers but not trial warriors or lawyers like us.  We try cases.  We play to win.  Contact us to discover the difference.  www.MichiganMedicalMarijuanaLawyers.comwww.lawyerswhowin.com

Neil Rockind gets a NOT GUILTY at a domestic violence trial in the 46th District Court!

A mere 5 days after Neil Rockind pulled off a stunning victory in the 48th District Court (check out the story here People v. Fawkes), Neil Rockind achieved yet another NOT GUILTY verdict at a domestic violence trial in the 46th District Court in Southfield, Michigan.

Andre Ellison came to our firm roughly 2 months ago and told us that he had been wrongly accused of domestic violence by an ex-girlfriend. The prosecutor had offered to reduce the charge to disturbing the peace, but Ellison knew that he had done nothing wrong – and turned down the offer. We set it for trial and forged ahead with preparations.

Monday, September 27th, the prosecutor called our office and, after a lengthy discussion, again offered to reduce the charge to disturbing the peace. We told her no deal and that we were ready to go.

On Tuesday the 28th Neil appeared at the courthouse at 8:30 am and soon after began jury selection. Following a masterful jury selection process, the trial began at roughly 2pm. The prosecutor called 4 witnesses, including a police officer that was called to the scene, a young man that allegedly witnessed the assault, the complainant herself, and the police officer that took pictures of her alleged “injuries.”

Following the prosecution’s proofs, it was extremely apparent that there were several holes in both the prosecution’s case and the story put forth by the complainant. First, the 911 call operator wasn’t called to testify – why? Second, the 911 call wasn’t played to the jury – why? Third, the police officer who took the complainant’s statement was not called to testify – why? Fourth, the video system that  existed and was working in the place that the assault took place was mysteriously “not-accessible” and the video of the incident mysteriously disappeared.

Finally, and most importantly, the complainants story was simply implausible. Neil Rockind cross-examined her for nearly an hour and at the conclusion of her testimony I don’t believe that there was a single person in that courtroom that believed anything that she was saying.

Her lies exposed, Ellison took the stand to testify and emphatically stood his ground that he had not laid a hand on her. 2 hours later the jury returned with a verdict of NOT GUILTY.

A second NOT GUILTY in 5 days! That’s how we handle our business at NEIL ROCKIND, P.C.

Neil Rockind, P.C. is extremely experienced in handling all types of domestic violence/assault and battery cases. If you or a loved one is faced with any type of domestic violence charge, or an investigation by any policing agency regarding such a charge, please contact Neil Rockind, P.C. at jmellas@rockindpc.com or call our office directly at 248-208-3800 to schedule a free consultation!

2 Cases. 2 Preliminary Exams. 2 Dismissals. 1 week!

Over the past week Attorney Neil Rockind has achieved two dismissals at the preliminary examination level! For those who don’t know, when someone is charged with a felony, they first start their case at the district court level. At that level, the person has the option to hold a preliminary examination. At that examination, the prosecutor must show (1) that a crime was committed, and (2) that the person charged is more likely than not the person who committed the crime. If the prosecutor fails to meet these two burdens, then the case is dismissed. However, if the prosecutor does meet the two burdens, then the case is “bound over” to the next higher court – the circuit court. It’s tough to tell, but generally speaking, about 90-98% of cases are bound over to the circuit court level. In other words, a dismissal at the preliminary examination is a very tough thing for a criminal defense attorney to achieve.

But not for Neil Rockind.

In the past week our firm held 2 preliminary examinations. In the first, our client was charged with 2 felony counts: resisting and obstructing a police officer and assault with a dangerous weapon (felonious assault), to-wit: a 2×4 piece of wood. After Neil Rockind’s deadly cross-examination of the police officer and 2 other witnesses, the Judge outright dismissed the case, claiming that “no crime had been committed.”

In the second case, our client was charged with 1 felony count of possession of heroin. To make matters worse, she is currently on probation out of the Macomb County Circuit Court (with an early release scheduled.) We could not allow her to be bound over to Circuit Court and thereby violate her probation, so Neil Rockind went toe-to-toe with the Oakland County Prosecutor’s Office. After a grueling 2 hour exam, the prosecution conceded that they could not prove that the substance found near our client was actually heroin and the Judge dismissed the case! To add insult to injury (for the prosecutor), the Judge dismissed the case “with prejudice,” meaning that the prosecutors office is barred from bringing future charges!

2 Cases. 2 Preliminary Exams. 2 Dismissals. 1 week! It doesn’t get any better.

Colin A. Daniels.

Neil Rockind, P.C. is extremely experienced in handling criminal cases of all types, especially weapons offenses and drug offenses. If you or a loved one is faced with a criminal charge or an investigation by any policing agency regarding resisting/obstructing, a weapons offense, or any drug offense, please contact Neil Rockind, P.C. at jmellas@rockindpc.com or call our office directly at 248-208-3800.