Felonious Assault in Michigan

Understanding the nature of the charges and implications of a crime is a crucial first step in crafting a defense. Assault and battery charges in Michigan come with their own unique set of definitions and potential consequences. In this article, we will examine what is felonious assault in Michigan exploring different scenarios, including felonious assault, aggravated assault, and assault with intent to rob. 

Assault in Michigan occurs when someone tries to hit another person with a hand or object and misses. Assault can also mean any intentional act or threat of action that is made with the intention of causing an individual to reasonably fear being struck or injured if the assailant seems capable of carrying out the threat.

Under Michigan law, a battery crime refers to an actual physical attack, not merely a threat to strike. On the other hand, an assault can refer to either a simple assault or an assault and battery.

Michigan felonious assault charge occurs when an assault in Michigan is committed with the intent to murder or cause great bodily harm or if it is committed with the intent to commit another felony, such as robbery or arson. 

Felonious assault is an assault that is committed: (1) with an object that can inflict serious injury; or 
(2) with the intent to injure the victim or make the victim fear attack or injury. Objects can be considered deadly weapons if they are inherently dangerous (for example, guns, knives, or brass knuckles) or if they are used as weapons in a manner that can cause serious injury.

Based on this definition, anything can be a weapon. For example, a baseball bat, aerosol can, or dog can all be dangerous weapons because they can cause serious injury if used in an intentional way. Offenders who commit assault with a dangerous weapon are subject to a four-year prison sentence, up to a $2,000 fine, or both.

The injuries sustained from an assault do not have to be severe for the courts to consider an aggravated assault charge. Aggravated assault is defined as an injury that requires immediate medical treatment or an assault that causes physical injury or disfigurement, health impairment, or an impairment to bodily function.

According to Section 750.82 of Michigan law, any assault that occurs in a weapon-free zone, such as on school property or in school-operated vehicles, carries a penalty of up to four years in prison, a fine of up to $6,000, 150 hours of community service, or any combination of these three penalties.

In Michigan, a person who attempts or commits a crime while in possession of a firearm is considered guilty of a felony. A first felonious assault Michigan police register carries a sentence of up to two years in prison, the second up to five years, and the third up to ten years. A habitual offender will face further criminal charges. 

According to Section 750.227b of Michigan law, the sentence for Michigan felony assault must be served consecutively to any sentence for the underlying felony. For instance, a sentence for assault with a deadly weapon must be followed by a sentence for the commission of the felony while in possession of said firearm. Furthermore, the defendant is ineligible for probation or parole, and the sentence cannot be suspended.

If the assailant is attempting to rob or steal an individual or business and is armed with a dangerous weapon or is holding an object intended to resemble a dangerous weapon, like a toy gun, they are punishable by any prison sentence up to life in jail.

The Michigan state courts can permit an offender to serve part of or all of their prison sentence on probation. Individuals on probation must meet regularly with a probation officer and adhere to conditions set by the court, such as no further arrests or convictions, attending counseling, and/or performing community service. The violation of probation can result in an arrest, re-sentence, and mandatory prison time without credit for the time served while on probation.

Assault or battery offenders in Michigan must pay restitution, which is the payment of compensation for any expenses that the victim endured as a result of the crime, including medical treatment or psychotherapy.

If you have been charged with felonious assault, you should consider consulting an attorney to determine if you were wrongfully charged or if there is another reason the case should be dismissed before trial. If the charges cannot be dismissed, an attorney may be able to negotiate a plea bargain with the prosecutor on your behalf, or if no reasonable plea option is available, they can prepare a defense and represent you at trial. It is common for prosecutors to negotiate and agree to let the defendant plead guilty to a less serious crime. The prosecutor may agree to a lighter sentence, such as probation, in exchange for a guilty plea, whether or not the defendant committed a felony.

Getting a felony conviction, no matter the type of felony, seriously impacts your life. An individual convicted of a felony is disqualified from voting, holding public office, serving on juries, and carrying or owning firearms. If you are convicted of a felony, you may lose your professional license as well.

Furthermore, a felon who is convicted of an additional crime may face a harsher punishment due to their prior convictions. Convictions for felony crimes, especially violent crimes, can be harmful to you when looking for a job or renting an apartment. Therefore, it is essential to hire a professional attorney who will be able to defend the interests of the one accused of a felonious assault and mitigate the negative aspects of the conviction as much as possible. Also, for those facing charges of felony assault, Michigan offers public defenders for those who cannot afford private legal representation.

The severity of charges for felonious assault in Michigan is determined by several factors, including the intent of the offender, the degree of injury caused, the use of a deadly weapon, and the setting of the assault. These factors can result in charges ranging from misdemeanors to serious felonies.

The consequences of these charges include hefty fines, lengthy prison sentences, and potentially life-altering restrictions on personal and professional lives. An experienced attorney can help one cope with the intricacies of the charges and protect the defendant’s rights in court. Additionally, presenting a character reference letter for court can also prove to be a viable strategy. Such a letter provides the court with a different perspective on the defendant’s character, which might not be evident from the charges alone.