Derek Wilczynski of Blanco Wilczynski, PLLC, received a verdict of “not guilty” from a Royal Oak jury, in a case in which his client had been charged with assault and battery. The case stemmed from a dispute between Mr. Wilczynski’s client and his wife, who admitted to having an affair during the marriage. The couple began to argue and Mr. Wilczynski’s client grabbed a cell phone from his wife’s hands. Mr. Wilczynski’s client’s wife then claimed that the client grabbed her by the arms and dragged her across the floor.

At trial, Mr. Wilczynski produced evidence to indicate that the dragging did not occur. Additionally, the evidence indicated that no harm came to the wife. She was not bruised, battered, cut, and did not sustain any injuries of any kind. The jury wrestled with the issue of whether taking a cell phone is a form of domestic violence. Ultimately, they agreed that, based on the facts in this case, no assault or battery had been committed.

Mr. Wilczynski’s client faced up to 93 days in jail and/or a $500 fine.