At about 10 p.m. on St. Patrick’s Day, police responded to a domestic violence call in Hampton Township. Upon arriving at the residence, police found a 21-year-old woman with injuries sitting on a friend’s porch. The woman alleged she had been beaten, choked, and kicked by Bryan E. Smith, her 29-year-old boyfriend.
The beating allegedly took place inside Smith’s mobile home at the Saginaw Bay Estates mobile home park. Police say the woman was crying and hysterical when they arrived at her friend’s house.
Police went to Smith’s home, where he did not answer the door. Court records revealed that there was blood on the porch and steps of the home. Police found Smith on a bedroom floor after forcing entry, then handcuffed him before putting him in a patrol car, where he reportedly had to be sprayed with Mace after kicking and bashing the doors of the vehicle.
Police interviewed the victim at the hospital, where she was taken for treatment of her injuries. She said that the two had gone out to dinner with friends, and that Smith got drunk and began insulting her. Once back at the mobile home, he allegedly said he wanted to kill her, punched and kicked her, threw a glass jar against a wall, and finally placed her in a headlock, choking her to unconsciousness. She told police that when she woke up, Smith was kicking her in the side and back. She eventually escaped, then called 911 from her friend’s home.
Smith has been charged with a second domestic violence offense, assault by strangulation, and assaulting, resisting, or obstructing police. His preliminary exam is scheduled for April 7.
Assault by strangulation is a felony offense that may result in up to 10 years in prison for those convicted, along with possible fines of up to $5,000. Known in Michigan as Assault by strangulation or suffocation, under statute MCL 750.84(1)(b), “strangulation or suffocation” is the intentional impeding of normal breathing or circulation of blood by applying pressure to the throat or neck, or blocking the nose or mouth of the victim. However, there is no time limit placed – meaning that if a person blocked the mouth or nose of someone, or placed pressure on the neck or throat for even one or two seconds, he or she could be charged with this 10-year felony.
Regardless of the facts of your case, when accused of domestic violence or an even more serious offense it is imperative to consult with a skilled and aggressive Michigan criminal defense attorney. Your legal rights and freedom must be protected; your lawyer should work vigorously to obtain the best possible result in your case.