Michigan Felonious Assault Lawyer

Felonious assault in Michigan, a serious offense involving a weapon, can have profound legal consequences if you’re convicted. Below, felonious assault attorneys at George Law provide an overview of the offense, including how the offense is defined under Michigan law, the penalties and legal defenses that could apply, and the major role of a felonious assault lawyer.

What is Defined As Felonious Assault in Michigan?

Felonious assault in Michigan, according to MCL Section 750.82, is a specific type of assault that involves the use of a weapon, but without the intent to kill or cause severe bodily harm. This type of assault is particularly serious because it involves dangerous weapons, elevating the risk and potential harm compared to a simple or even aggravated assault.

If you assault someone using a gun, pistol, revolver, knife, club, brass knuckles, iron bar, or any other object that can be considered a dangerous weapon, it qualifies as felonious assault. The key aspect here is the use of a weapon that could potentially cause serious harm. It’s important to note that the law doesn’t just consider traditional weapons like guns or knives; even everyday objects (e.g., a glass vase) can be deemed dangerous if used in a way that can cause harm.

An important aspect of this law is the intent behind the assault. For an assault to be classified as felonious, there must be no intent to commit murder or cause great bodily harm. This distinction is crucial because it separates felonious assault from attempted murder.

The context and location of the assault are also significant. If the assault happens in a weapon-free school zone, which includes school properties and school transport vehicles, the offense is treated with increased severity due to the vulnerable nature of these areas. Similarly, if the victim of the assault is a health professional or medical volunteer performing their duties, the law provides for enhanced scrutiny and penalties.

Penalties For Felonious Assault

When it comes to felonious assault in Michigan, the penalties are determined by several factors, including the nature of the weapon used, the location of the assault, and the profession of the victim.

Standard Felonious Assault

Typically, if you commit a felonious assault that doesn’t involve special circumstances, such as assaulting a health professional or in a weapon-free school zone, it’s categorized as a felony. The penalties for this can include imprisonment for up to 4 years, a fine of up to $2,000, or both.

Assault on a Health Professional or Medical Volunteer

Assaulting doctors, nurses, or other health professionals while they are performing their duties is treated more harshly, unless you are a patient receiving treatment from them. If found guilty, you face enhanced penalties, including imprisonment for up to 4 years and a fine of up to $4,000, or both.

Assault in a Weapon-Free School Zone

Committing felonious assault in a weapon-free school zone, which encompasses school buildings, fields, and vehicles used for transporting students, is particularly serious. If convicted, you face a felony charge with potential penalties including imprisonment for up to 4 years, community service for up to 150 hours, or a fine of up to $6,000.

What Are Some Defenses To Felonious Assault In Michigan?

In Michigan, if you’re facing a felonious assault charge, you have several potential defenses at your disposal. One of the most common defenses is self-defense. This applies if you believed that you were in immediate danger of being harmed and used a weapon to protect yourself. The crucial point here is to prove that the force you used was both reasonable and necessary given the situation. It’s not enough just to claim self-defense; you have to show that your actions were a direct response to the threat.

Relatedly, if you used a weapon to protect someone else who was in immediate danger, this could be a valid defense to a charge of felonious assault. The key here is to demonstrate that your actions were reasonable and necessary to prevent harm to that other person.

Mistaken identity is a defense that can be particularly relevant in cases where the evidence is not clear-cut. If you can establish that you were not the person who committed the assault, or if there is confusion about who was involved, this might be a viable defense.

Accidental injury is another defense that can be used in certain situations. If the injury you caused occurred accidentally during a lawful activity, and you had no intent to cause harm, this could potentially clear your name. However, proving that the injury was indeed accidental and not the result of reckless or negligent behavior with a weapon can be complex.

Finally, it’s important to consider the defense of lack of intent. Since felonious assault involves the use of a weapon, demonstrating that there was no intention to use the weapon in a threatening or harmful way can be a valid line of defense.

How Can An Experienced Michigan Criminal Defense Attorney Help Someone Facing Felonious Assault Charges?

When charged with felonious assault or other assault charges in Michigan, a criminal defense lawyer is essential in managing your case. They start by carefully examining all aspects of your case, including the circumstances of the alleged assault and the evidence against you. They’ll look for any inconsistencies or weaknesses in the prosecution’s case and gather evidence that can support your defense, such as witness statements or video footage.

In court, your lawyer is your voice, arguing your case and making legal arguments to defend your rights. They’ll challenge the prosecution’s evidence and present your side of the story. A crucial part of their role is also negotiating with prosecutors, which can involve reducing the severity of the charges or the potential penalties.

Moreover, they guide you through the legal process, ensuring you understand your rights and the legal proceedings. By keeping you informed and involved, they help demystify the legal complexities you’re facing.

Frequently Asked Questions About Felonious Assault

What is felonious assault in Michigan?

Felonious assault in Michigan is attacking someone with a weapon like a gun or knife, but not trying to kill or severely injure them.

What are the consequences for felonious assault in MI?

You could face up to 4 years in prison, a fine up to $2,000, or both. Penalties increase if the assault is on a health professional or in a weapon-free school zone.

What counts as a weapon in a felonious assault?

A weapon can be a gun, knife, club, or any object used in a way that could seriously harm someone.

Are there harsher penalties for assaulting certain people?

Yes, assaulting health professionals or committing the assault in a weapon-free school zone leads to harsher penalties.

What if I accidentally hurt someone with a weapon?

Accidental injury can be a defense, especially if you didn’t intend to harm and were doing something lawful.

What should I do if I’m accused of felonious assault?

You should talk to a lawyer who can review your case, help you understand your rights, and defend you in court.

Michigan Felonious Assault Defense Lawyers

Being accused of felonious assault in Michigan is a serious matter. At George Law, we offer legal representation for those facing these charges. For support and guidance in your case, you can contact our experienced assault attorneys at (248) 247-7459 or connect with us online. George Law is committed to understanding your unique situation and providing a strong defense on your behalf. We focus on protecting your rights and seeking the best outcome for you.