Michigan Violent Crimes Lawyer

Being arrested and charged with a violent crime in Michigan can be overwhelming, but George Law is ready to stand by your side and protect your rights. Our violent crime lawyers will clarify the charges, explain your next steps, and build a strong defense to the accusations. Don’t risk your freedom. For support and guidance, contact us at (248) 247-7459 or online. We understand the seriousness of your situation and are committed to seeking the best possible outcome.

In Michigan, violent crimes are met with a serious response, as state law enforcement actively and aggressively investigates and prosecutes these offenses to protect the public. Violent crimes fall into two categories: misdemeanors and felonies, with felonies carrying significantly more severe consequences. As you continue reading, you’ll get clarification into specific violent crimes within Michigan, the penalties associated with these offenses, potential defenses to criminal charges, and why hiring a criminal defense attorney is a major step for anyone facing charges.

Specific Violent Crimes In Michigan

Assault – MCL Section 750.81 (Effective March 2024)

Assault, under Section 750.81, is the act of attacking or battering another individual. This offense is generally considered a misdemeanor, punishable by imprisonment for up to 93 days or a fine of up to $500. However, there are enhanced penalties in certain circumstances. If the victim is a health professional or medical volunteer attacked while performing their duties, the fine increases to $1,000. Repeat offenders face harsher penalties: a second offense is punishable by up to 1 year in prison or a $1,000 fine. A third or subsequent offense is classified as a felony, carrying a penalty of up to 5 years in prison or a fine of up to $5,000.

Assault Causing Bodily Injury – MCL Section 750.81a (Effective March 2024)

Assault causing bodily injury, according to Section 750.81a, is a where a person assaults another individual without a weapon and causes serious or aggravated injury, without an intent to commit a murder or cause great bodily injury. This type of assault is classified as a misdemeanor, punishable by imprisonment for up to 1 year or a fine of up to $1,000. If the victim is a health professional or medical volunteer and the assault occurs while they are on duty, the penalty includes imprisonment for up to 1 year or a fine up to $2,000. Repeat offenders who have previously been convicted of similar assaults face a felony charge, punishable by up to 5 years in prison or a fine of up to $5,000.

Assault of a Police Officer | Resisting Arrest – MCL Section 750.81d

Assault of a police officer, as defined in Section 750.81d of the Michigan Penal Code, involves assaulting, battering, wounding, resisting, obstructing, or opposing a person known to be performing their duties as a police officer. This crime is classified as a felony with varying degrees of punishment depending on the severity of the officer’s injuries. For an assault without injury, the penalty is imprisonment for up to 2 years or a fine of up to $2,000. If the assault results in bodily injury requiring medical attention, the punishment increases to imprisonment for up to 4 years or a fine of up to $5,000. For causing serious impairment, the penalty is up to 15 years in prison or a fine of up to $10,000. In cases where the assault leads to the death of the officer, the punishment is imprisonment for up to 20 years or a fine of up to $20,000.

Felonious Assault – MCL Section 750.82 (Effective March 2024)

Felonious assault, according to Section 750.82, is an assault committed with a dangerous weapon such as a gun, knife, or brass knuckles, but without the intent to murder or cause great bodily harm less than murder. This offense is classified as a felony, punishable by imprisonment for up to 4 years or a fine of up to $2,000. If the assault occurs in a weapon-free school zone or the victim is a health professional or medical volunteer performing their duties, the penalties can be enhanced. In a weapon-free school zone, the punishment includes imprisonment for up to 4 years, community service for up to 150 hours, or a fine of up to $6,000. Assaulting a health professional or medical volunteer can result in a fine up to $4,000.

Assault by Strangulation – MCL Section 750.84

Assault by strangulation, under Section 750.84, is an act where an individual intentionally impedes another person’s breathing or blood circulation by putting pressure on their throat or neck, or by blocking their nose or mouth. This form of assault is considered a felony. The penalty for committing assault by strangulation is imprisonment for up to 10 years or a fine of up to $5,000, or both.

Torture – MCL Section 750.85

Torture, as defined in Section 750.85 of the Michigan Penal Code, is the act of intentionally inflicting extreme physical or mental pain and suffering on another person within one’s custody or physical control. This includes actions that are cruel, inhuman, or sadistic, and result in great bodily injury or severe mental pain. The offense of torture is classified as a felony punishable by up to life in prison. Torture is considered separate from other crimes, allowing for additional charges arising from the same conduct.

RICO – 18 USC § 1961

The Racketeer Influenced and Corrupt Organizations (RICO) Act, under 18 USC 1961, targets criminal enterprises engaging in a pattern of racketeering activity, such as murder, kidnapping, bribery, and fraud. This federal law classifies RICO offenses as serious crimes, with penalties including imprisonment for up to 20 years, or life imprisonment if the racketeering activity involves offenses with a life sentence (e.g., first-degree murder). The RICO Act is designed to combat organized crime by allowing for the prosecution of individuals involved in long-term, repeated criminal conduct, rather than just single criminal acts.

Unarmed Robbery – MCL Section 750.530

Robbery, as defined under Section 750.530, is committed when a person uses force or violence, or assaults or puts another person in fear, while in the process of committing larceny of money or other property. This offense is classified as a felony, with a maximum penalty of imprisonment for up to 15 years. The law specifies that the term “in the course of committing a larceny” includes attempts to commit larceny, actions during the commission of larceny, and actions in fleeing or attempting to flee after larceny, or in an attempt to retain possession of the stolen property.

Armed Robbery – MCL Section 750.529

Armed Robbery, as outlined in Michigan Penal Code Section 750.529, occurs when a person commits robbery and, during the act, possesses a dangerous weapon, uses an object that appears as a dangerous weapon, or falsely claims to have a dangerous weapon. This crime is a felony, carrying a penalty of up to life in prison. Further, if the armed robbery results in aggravated assault or serious injury to another person, a minimum imprisonment term of at least 2 years is issued.

Carjacking – MCL Section 750.529a

Carjacking, under Section 750.529a, is the act of committing larceny of a motor vehicle by using force, violence, or the threat thereof, or by instilling fear in the vehicle’s driver, passenger, owner, or any person lawfully attempting to recover the vehicle. Classified as a felony, carjacking is punishable by up to life in prison. The definition of this offense includes attempts to commit the larceny, actions during the larceny, and actions in fleeing or attempting to flee after the larceny, or attempts to retain possession of the motor vehicle. Additionally, a sentence for carjacking can be imposed consecutively to any other sentence related to the same incident.

Burglary – MCL Section 750.115

Burglary, under Section 750.115, means breaking and entering, or entering without breaking, into any structure like a home, office, warehouse, or other building, without permission. This crime is classified as a misdemeanor. The law applies to both occupied and unoccupied places and includes a wide range of buildings and spaces such as houses, boats, and even private apartments within buildings. Additionally, the law clarifies that it does not apply to entering public places that are open to the public.

Home Invasion – MCL Section 750.110a

According to Section 750.110a, home invasion involves breaking and entering, or entering without permission, into a dwelling (e.g., home) with the intent to commit a felony, larceny, or assault inside. It is classified into three degrees, with varying penalties based on the severity of the offense. First-degree home invasion, the most serious, occurs when the individual is armed with a dangerous weapon or another person is lawfully present in the dwelling, punishable by up to 20 years in prison or a $5,000 fine. Second-degree home invasion involves similar actions without the aggravating factors of the first degree and is punishable by up to 15 years in prison or a $3,000 fine. Third-degree home invasion, involving intent to commit a misdemeanor, carries a penalty of up to 5 years in prison or a $2,000 fine.

First Degree Murder – MCL Section 750.316

Under Section 750.316, first degree murder includes any homicide that is willful, deliberate, and premeditated, such as murder by poison, lying in wait, or any other method that involves careful planning. It also includes murders committed during other felonies like arson, robbery, or kidnapping, and the murder of a police officer or corrections officer on duty. First degree murder is a felony punishable by life imprisonment without the possibility of parole.

Second Degree Murder – MCL Section 750.317

Second degree murder, under Section 750.317, encompasses all murders that do not meet the criteria for first-degree murder. This includes killings that are intentional but not premeditated or planned, and those that occur during the commission of crimes not specified for first-degree murder. Classified as a severe criminal offense, second-degree murder is punishable by life imprisonment.

Manslaughter – MCL Section 750.321

As defined in Michigan Penal Code Section 750.321, manslaughter is the unlawful killing of another person without premeditation or malice aforethought. This crime is less severe than murder and often involves killings that result from negligence or a heat-of-passion incident. For example, a person who unintentionally causes someone’s death by discharging a firearm aimed at them is guilty of manslaughter. Classified as a felony in Michigan, manslaughter carries a penalty of up to 15 years in prison, a fine of up to $7,500, or both, depending on the court’s discretion.

Kidnapping – MCL Section 750.349

Kidnapping, as outlined in Michigan Penal Code Section 750.349, is where a person knowingly restrains another individual with specific intentions, such as holding for ransom, using as a shield or hostage, engaging in criminal sexual activity, taking the person out of state, involuntary servitude, or child sexually abusive activity if the victim is a minor. The law defines “restrain” as restricting a person’s movements or confining them without their consent or legal authority, regardless of the duration. Kidnapping is a felony, punishable by up to life imprisonment and/or a fine of up to $50,000.

Unlawful Imprisonment – MCL Section 750.349b

According to Michigan Penal Code Section 750.349b, unlawful imprisonment occurs when a person knowingly restrains another using a weapon, through secret confinement, or to facilitate or escape from another felony. This crime is classified as a felony, punishable by up to 15 years in prison, a fine of up to $20,000, or both. Furthermore, the law allows for additional charges related to other criminal acts committed during the unlawful imprisonment.

Child Abuse – MCL Section 750.136b

Child abuse under Section 750.136b means knowingly or intentionally causing serious physical or mental harm to a child. This law classifies child abuse into degrees based on the severity and nature of the harm inflicted. First-degree child abuse, involving serious physical or mental harm, is a felony punishable by up to life imprisonment. Second-degree child abuse includes acts that cause serious harm or pose a serious risk of harm, and is punishable by up to 10 years imprisonment for a first offense, and up to 20 years for subsequent offenses. Third-degree child abuse, involving physical harm, carries a punishment of up to 2 years imprisonment for a first offense, and up to 5 years for subsequent offenses. Fourth-degree child abuse, the least severe, is punishable by up to 1 year in jail for a first offense and up to 2 years for subsequent offenses.

Criminal Attempt – MCL Section 750.92

Criminal attempt, as outlined in MCL Section 750.92, refers to any person who tries to commit a crime, takes some action toward its commission, but ultimately fails or is prevented from completing the crime. The classification and penalty for a criminal attempt depend on the severity of the crime that was attempted. If the attempted crime is punishable by death, the penalty for the attempt is a felony punishable by up to 10 years in prison. If the attempted crime carries a life sentence or imprisonment for 5 years or more, the attempt is punishable by up to 5 years in prison or up to 1 year in county jail. For offenses punishable by less than 5 years in prison, a fine, or county jail time, the attempt is classified as a misdemeanor punishable by up to 2 years in prison and/or up to a $1,000 fine. The imprisonment for an attempt cannot exceed half of the maximum sentence for the actual crime attempted.

Conspiracy – MCL Section 750.157a

Conspiracy, according to Section 750.157a, occurs when a person conspires with one or more persons to commit a crime or to execute a legal act in an illegal manner. The penalty for conspiracy depends on the nature of the offense that was the object of the conspiracy. If the crime that was conspired to be committed is punishable by imprisonment for 1 year or more, the convicted person faces a penalty equal to that for the actual crime, with an additional potential fine of $10,000 at the court’s discretion. If the conspired crime carries a penalty of less than 1 year of imprisonment, the punishment for conspiracy is imprisonment for up to 1 year and/or a fine of up to $1,000. Conspiring to commit a legal act in an illegal manner also carries a penalty of up to 5 years imprisonment or a fine of up to $10,000, or both.

Accessory to a Crime – MCL Section 767.39

Under Section 767.39, any person involved in the commission of an offense, whether by directly committing the act or by procuring, counseling, aiding, or abetting in its commission, is treated as a principal in the crime. Michigan law did away with the distinction between an accessory to a crime and the principal offender. Consequently, anyone who assists or plays a part in the commission of a crime can be prosecuted, indicted, tried, and, upon conviction, punished as if they had directly committed the offense themselves.

Probation As An Alternative To Imprisonment For Violent Crimes In Michigan

In Michigan, individuals charged with certain, lower-level violent crimes are more likely to be eligible for probation, though this depends on the specific circumstances of their case. Probation is a court-ordered period of supervision in the community, serving as an alternative to jail or prison. It’s typically offered under certain conditions, like regular meetings with a probation officer, compliance with laws, and possibly other specific requirements like anger management classes or no-contact orders with victims. Violating probation terms can result in additional penalties or imprisonment. Eligibility for probation in violent crime cases varies and often depends on the nature of the crime, the defendant’s criminal history, and the judge’s discretion.

Collateral Consequences Of Violent Crimes Convictions

Being convicted of a violent crime in Michigan carries not only legal penalties but also collateral consequences that can affect many aspects of your life. These consequences extend beyond the court-imposed sentence and can include barriers to employment, as many employers are hesitant to hire individuals with a violent criminal record. Your ability to secure housing may also be impacted, as landlords often conduct background checks and may be unwilling to rent to someone with a violent crime conviction. Educational opportunities can be limited, with some colleges and financial aid programs denying access to those with such convictions. Your civil rights, including voting and firearm ownership, may be restricted or revoked. For non-citizens, a conviction can even result in deportation or denial of immigration benefits.

Criminal Process For Michigan Violent Crimes

In Michigan, the criminal process for violent crimes starts with an arrest, which occurs when the police have probable cause to believe a person has committed a crime. After arrest, the accused is brought to court for arraignment, where charges are formally presented and the defendant enters a plea. If the plea is not guilty, the case moves to the probable cause conference and preliminary examination stages, where the prosecution must show sufficient evidence for the case to proceed to trial. If the case goes to trial, a jury or judge determines the defendant’s guilt. Upon conviction, a pre-sentencing report is prepared, considering the defendant’s background and the crime’s specifics. Finally, during sentencing, the judge decides the appropriate punishment based on Michigan’s sentencing guidelines, which may include imprisonment, fines, or probation, depending on the crime’s severity and the defendant’s criminal history.

Potential Defenses

Self-Defense

Self-defense is when you protect yourself from harm. The law allows you to use reasonable force to defend yourself if you truly believe you’re in danger of being hurt. The force you use must match the level of threat. For example, if someone attacks you with fists, using a weapon in response might not be seen as reasonable. But if you’re facing serious harm, like someone trying to kill or badly hurt you, you can defend yourself, even if it means causing deadly harm to the attacker.

Michigan’s “stand your ground” law allows you to use lethal force in self-defense or to protect someone else without needing to retreat first. This law applies anywhere you’re legally allowed to be, not just in your home. To use this defense, you must not be committing a crime and must honestly and reasonably believe that lethal force is necessary to prevent death, great bodily harm, or sexual assault. For instance, if someone threatens you with a gun, you can defend yourself without trying to escape first. The law also covers non-deadly force, where you can use only as much force as needed for protection. Additionally, in Michigan, you can use lethal force to stop certain serious crimes like home invasions or kidnappings.

Defense of Others

Defense of others is similar to self-defense, but here, you’re protecting another person. In Michigan, you’re allowed to use reasonable force to prevent harm to someone else, like a friend or family member. The key is “reasonable force.” If someone is slightly pushing your friend and you respond by stabbing the attacker, it won’t be seen as reasonable. But if the threat is serious, like your friend is being attacked with a knife, you can step in to protect them, even if it means you have to use force.

Duress

Duress is a defense you might use if you committed a violent crime because you were forced to. This means someone threatened you with serious harm or death unless you committed the crime. For example, if someone threatens to harm your family unless you commit assault, that’s duress. However, the threat must be immediate and real. You can’t use this defense if the threat was not serious or if there was a safe way to avoid committing the crime.

Insanity

Insanity defenses are more common in homicide cases. The insanity defense applies if, at the time of the crime, you were mentally ill or had a serious mental defect. In Michigan, this basically means you either couldn’t understand that what you were doing was wrong, or you couldn’t control your actions because of your mental state. For example, if you have a severe mental illness that made you believe you were defending yourself from an imaginary threat, this defense might apply. But this is a complex defense, and you’ll need strong evidence, like medical records and expert testimony.

Intoxication

In some cases, you might argue that you were intoxicated, and that affected your ability to understand or control your actions. This could be relevant in crimes that require specific intent, like first-degree murder. However, voluntary intoxication, like getting drunk or using drugs on your own, usually isn’t a strong defense. It’s more likely to work if you were involuntarily intoxicated – for example, if someone drugged you without your knowledge.

Mistake of Fact

This defense could apply if you genuinely believed in a set of facts that, if true, would have made your actions lawful. For instance, if you’re charged with burglary but you honestly believed you were entering your own house, this defense might be relevant. The key here is that your belief must be reasonable. You can’t claim a mistake of fact if your belief was far-fetched or unreasonable.

Consent

In some violent crime cases, like assault, the defense of consent might be relevant. This is when the person who was hurt actually agreed to the risk of harm. For example, in sports like boxing, individuals consent to the risk of being hit. But consent is limited – it doesn’t apply to serious bodily harm or death, and the person giving consent must be able to legally do so (they can’t be underage or mentally incapacitated).

Role Of A Criminal Defense Attorney In A Violent Crime Case

Providing Legal Guidance

If you’re charged with a violent crime in Michigan, a criminal defense attorney can steer you the right way through the legal system. They understand the specific laws and procedures related to your charges, whether it’s assault, robbery, or manslaughter. An attorney can explain the charges against you, the possible penalties, and what to expect at each stage of the criminal process. This guidance is vital in helping you make informed decisions about your case.

Investigating Your Case

A criminal defense attorney will thoroughly investigate your case. They’ll gather evidence, interview witnesses, and look for any inconsistencies or weaknesses in the prosecution’s case. For example, if you’re accused of assault, your attorney might find surveillance footage or witnesses that support your version of events. A good investigation can make a big difference in the outcome of your case.

Negotiating with Prosecutors

Attorneys often negotiate with prosecutors on your behalf. They can discuss plea bargains, which might result in reduced charges or a lighter sentence. For instance, if you’re charged with armed robbery, your attorney might negotiate a plea for a lesser offense. These negotiations require skill and knowledge of the legal system to ensure the best possible outcome for you.

Representing You in Court

If your case goes to trial, your attorney will represent you in court. They’ll present evidence, cross-examine witnesses, and argue on your behalf. For a violent crime charge, having an experienced attorney who can skillfully argue your case in court is key to protecting your rights and aiming for a favorable outcome.

Protecting Your Rights

Throughout the criminal process, your attorney is there to protect your rights. They ensure that you’re treated fairly by the system and that your legal rights, like the right to remain silent and the right to a fair trial, are respected. If your rights are violated at any point, your attorney can challenge the prosecution’s case.

Offering Emotional Support

Facing a violent crime charge can be stressful and overwhelming. Criminal defense attorneys provide emotional support, helping individuals cope with the anxiety and uncertainty of their situations. They can answer your questions, address your concerns, and help you stay informed and involved in your defense.

Michigan Criminal Defense Lawyers

Facing charges for a violent crime in Michigan can be daunting, but you don’t have to face this challenge alone. George Law experienced violent crime attorneys offer legal representation for those accused of violent crimes, no matter how serious. To discuss your case and explore your legal options, contact a criminal defense lawyer at George Law at (248) 247-7459 or online. We are committed to understanding your situation, working tirelessly to defend your rights, and seeking the best possible outcome for your case. To learn more about how to handle your violent crime charges, reach out to George Law for a consultation.