King&Capital attorney Li Jingyu represented a case of assaulting a police officer, through the use of "the method of reproducing and deconstructing the facts", "the method of interpreting the legal system", and "the sincerity of reasoning and moving with emotion", successfully secured the client's non-arrest and release on bail pending trial, achieving a good defense effect. Through the use of "the method of reconstructing and deconstructing the facts", "the method of explaining the legal system", and "the sincerity of reasoning and moving with emotion", the firm succeeded in obtaining the non-approval of the arrest and the release on bail for the client, and achieved good defense results.
I. Repeatedly met with Ms. Yang, the suspect, and with the help of the lawyer, the case was reproduced, and Ms. Yang was found to have a reason for attacking the police.
Ms. Yang's family is well-off and her husband is a senior engineer of a listed company. Unfortunately, Ms. Yang is frail and sickly, and has a sensitive temperament that makes her easily provoked. Under the influence of temperament, Ms. Yang also developed an obsession with "picking up scraps" habit. The nooks and crannies of Ms. Yang's villa are all the "garbage baby" collected.
On the day of the crime, in the sale of waste, and recycling waste vendors because the accounts are not clear, a little conflict, the other side then called the police. After the police arrived at the scene, Ms. Yang did not produce documents at the request of the police, in the absence of irrational behavior premise by the police violent suppression, Ms. Yang produced stress reaction, carried out acts of mild resistance, so that the police were injured. Ms. Yang was subsequently placed in criminal detention at the precinct on suspicion of assaulting a police officer.
Second, 7 times to the police station where the assaulted police communication, and finally get understanding
After accepting the commission, Mr. Li Jingyu actively tried to communicate with the assaulted police, but because of the special nature of the case, the police refused to see him for various reasons. Defense lawyers before and after 7 times to the police station for an interview, and finally, "God is not responsible for the person who has the heart", to get the understanding of the police.
Third, comprehensive sorting out the facts of the case, searching for favorable evidence, and ultimately successful bail.
The crime of assaulting the police as a special provision of the crime of obstruction of official business, requiring violent behavior on the implementation of official duties to produce a specific danger of obstruction, and Ms. Yang's behavior is only passive resistance to minor violence, not enough to obstruct official business. Moreover, the injuries caused to the police officers by the act were extremely minor.
At the same time, the case cannot exclude the suspicion that the assaulted police officers were violent in enforcing the law. This fact provides a rationalization basis for Ms. Yang to commit minor acts of violence.
In the end, the Procuratorate adopted the defense opinion of Mr. Li Jingyu and decided not to arrest Ms. Yang. The defense of this case was carried out in three dimensions: facts, law and human feelings, and the successful defense of this case fully embodied that "law can also tolerate human feelings", reflecting the value of three-dimensional defense.
Translated with DeepL.com (free version)