Joe is one of the best criminal defense attorney in town. Always professional and trustworthy. Great lawyer!
Mingwei Yan
07/15/2024
Joe is one of the best criminal defense attorney in town. Always professional and trustworthy. Great lawyer!
Mr. Simon is very professional and compassionate. I would recommend his services to anyone in need of a great lawyer. He was very responsive to our needs and found a very good resolution to the issue.
Joe Simon and his office were very helpful in referring my husband and I to someone to represent us in an automobile lawsuit.
When someone uses reasonable force to protect another person from imminent harm, they have a fundamental right under Michigan law to present a defense of others claim. At Law Offices of Joseph A. Simon, PLLC, we understand that these situations often involve split-second decisions made in dangerous circumstances—decisions that shouldn’t result in criminal liability when they were justified and necessary.
If you’ve been charged with assault, battery, or another violent crime after intervening to protect someone else, our experienced criminal defense team is here to defend your actions and protect your rights. With over 35 years of dedicated criminal defense experience and a track record of successfully defending hundreds of assault cases, Joseph A. Simon and our firm have the legal expertise and strategic insight needed to present a compelling defense of others claim.
Michigan law recognizes that individuals have the right to use reasonable force to protect others from imminent harm. Unlike self-defense, which focuses on protecting yourself, a defense of others argument centers on your reasonable belief that another person was facing an immediate threat and that your intervention was necessary and proportionate to stop that threat.
The critical elements of this defense include whether you had a reasonable belief that the other person was about to suffer imminent harm, whether you had a reasonable belief that the degree of force you used was necessary to prevent that harm, and whether you were not the initial aggressor in the situation. These nuanced legal standards require experienced representation to navigate successfully.
Defense of others claims arise in diverse situations: a parent protecting a child from assault, a friend intervening when someone is being attacked, a bystander stopping an active threat, or family members protecting one another during dangerous confrontations. Each scenario presents unique factual circumstances that require careful analysis and strategic advocacy.
The strength of your defense depends on the specific facts of your case, the evidence available, witness testimony, and how effectively your attorney presents the legal framework to prosecutors, judges, or juries. This is where our firm’s extensive trial experience becomes invaluable.
Our approach begins with a thorough investigation of the circumstances surrounding your actions. We examine police reports, interview witnesses, gather video evidence if available, and reconstruct the sequence of events to establish whether your intervention was objectively reasonable. We analyze whether the person you protected was truly facing imminent harm and whether the force you used was proportionate to that threat.
We work closely with you to understand your perspective and the decisions you made in those critical moments. Your credibility and your honest account of why you believed intervention was necessary form the foundation of our defense strategy. We then present this narrative to prosecutors during negotiations or to a judge and jury at trial, supported by evidence and legal precedent.
From your initial free confidential consultation, you’ll work directly with our experienced team. We’ll explain how Michigan’s defense of others statute applies to your specific situation, outline potential outcomes, and discuss your strategic options. Whether negotiating a favorable resolution with prosecutors or preparing for trial, we maintain aggressive advocacy on your behalf.
We handle every aspect of your defense, from police investigation representation through trial if necessary. Our goal is always to achieve the best possible outcome—whether that’s dismissal of charges, reduction to lesser offenses, or successful trial defense when the facts and law support it.
Joseph A. Simon has been recognized as Ann Arbor Criminal Defense Lawyer of the Year multiple times and holds the highest ratings from both AVVO (10.0) and Martindale-Hubbell (AV-Preeminent). Our firm’s perfect 5.0-star Google rating reflects our commitment to client success and satisfaction. When you’re facing charges for protecting someone else, you deserve representation from lawyers who understand both the law and the human reality of your situation.
Contact Law Offices of Joseph A. Simon, PLLC today for your free confidential consultation. Let us put our 35+ years of experience to work defending your actions and protecting your future.
If you’ve been charged for protecting another person, contact Law Offices of Joseph A. Simon, PLLC today. Call (734) 887-6200 for a confidential consultation.
Defense of others is a legal justification allowing you to use reasonable force to protect another person from imminent harm or unlawful attack. The force used must be proportional to the threat faced.
Yes. Prosecutors may charge you with assault or battery even when defending another person. We evaluate whether your actions were legally justified under Michigan law and build a strong defense.
Courts consider the severity of the threat, immediacy of danger, proportionality of your response, and whether a reasonable person would have acted similarly. Our attorneys thoroughly analyze these factors in your case.
