Getting a Child Abuse Conviction Overturned is Very Hard!

Getting any kind of criminal conviction overturned in Michigan is extremely hard!

 

Once you’ve been convicted of child abuse in Michigan, it’s extremely difficult to have that decision reversed! Once a jury has determined your guilt, and a judge has sentenced you, appealing that decision is a very long and complex process, that is often unsuccessful. Which is why it’s so important to have a really good defense lawyer right from the start. Because avoiding the conviction in the first place is often the best way to not end up behind years. Trying to undo what’s already done is much, much harder, as 28-year-old Anthony Ray McFarlane Jr. is discovering.

 

“Shaken baby syndrome” is notoriously sketchy science!

 

In early December of 2013, McFarlane’s baby daughter was taken to the hospital by her grandparents after she had a seizure. Doctors discovered blood on her brain, blood behind her eyes, and a suspected fracture that was mostly healed, and automatically assumed she had been abused. Although the baby was known to have suffered prenatal strokes, doctors were convinced the infant was a victim of violent shaking, and police went hunting for someone to blame.

 

At his sentencing, McFarlane still protested his innocence!

 

Right up to his sentencing and long afterwards, McFarlane claimed innocence, and argued that he had never harmed his daughter. “I’m going to continue until the day that it’s all over to say that I didn’t do it. I’m going to keep fighting to the end,” McFarlane told the Allegan County News. “I’m a firm believer in being a Christian as well and being involved in my daughter’s life and I’m going to fight for that as well.” To this day, he still claims he’s innocent of all wrongdoing in this case.

 

McFarlane tried to have his conviction overturned by the Appeals Court

 

Although McFarlane attempted to have the Michigan Court of Appeals overturn his First Degree Child Abuse Conviction, the attempt was unsuccessful. “The totality of the evidence strongly supported that (McFarlane) became angry with Kaydence, violently shook her out of frustration, and caused the injuries at issue.” However, despite this lack of success with his conviction, the Appellate Court did agree that his sentence was too harsh, based on his prior criminal record. As a result, he will be sent back to Allegan County to have his original sentence of 15-25 years re-evaluated by the court.

 

The best way to avoid this situation is to have a good attorney at the start!

Being convicted of child abuse in Michigan is extremely difficult to undo. The Appeals Court rarely chooses to overturn convictions, especially in child abuse cases. Which is why it’s so important to have a highly skilled and experienced child abuse defense attorney working on your case right from the start! Having someone on your team you can trust, who will work hard to defend your rights and protect your innocence, can make all the difference in the outcome of your case. So if you or a loved one have been accused of child abuse in Michigan, call The Kronzek Firm at 866 766 5245 immediately, and get the help you need!