A 69 year old bicyclist, David Simmons, was arrested in Ferndale, MI on July 27, 2012 and charged with felony assault after allegedly waving a pocket knife at a 29 year old bicyclist. Ferndale police say that the younger man cut off Simmons while both were riding on Nine Mile Road and proceeded to ride off when Simmons yelled an obscenity at him. Simmons later confronted the man on foot and waved a pocket knife at him.
Potential Felonious Assault
In Michigan, an assault is a felony offense of felonious assault when the defendant assaults another person with a gun, knife, club, or other dangerous weapon.
In order to prove that Simmons is guilty of felony assault, the prosecutor will have to prove beyond a reasonable doubt that (1) Simmons assaulted the other bicyclist (2) with a dangerous weapon, and (3) that Simons intended to either injure the other bicyclist or make the other bicyclist reasonably fear that Simmons was going to do so.
An assault is an action directed toward another person under circumstances where the other person would reasonably be in fear of imminent harm. If the prosecutor can prove beyond a reasonable doubt that Simmons had the ability to injure the other bicyclist and acted in a way where the other bicyclist would reasonably fear that Simmons would do so, then the assault element of a felony assault charge may be proven.
The prosecutor must prove Intent in any assault crime
In Michigan, a defendant can be found guilty of felony assault by holding a dangerous weapon if the defendant has the intent to injure the other person or make the other person fear that the defendant was going to hurt him or her. Evidence of the intent to make another person scared may include that the defendant created circumstances that reasonably made the other person fear that the defendant was going to hurt him or her.
Whether or not Simmons waved his pocket knife in a way that the other bicyclist would fear that Simmons was going to attack will determine whether the prosecutor can prove this element of the felony assault charge.
If the prosecutor proves each element of the felony assault charge, Simmons will be found guilty of felony assault and his punishment may be up to a 4 year prison sentence, a fine of up to $2,000, or both.
Find a Criminal Defense Attorney
We are felonious assault defense lawyers. If you have been charged with felony assault or another crime, contact Aaron J. Boria, PLLC. Aaron Boria is a criminal defense attorney in Oakland County and has hundreds of criminal cases across Southeast Michigan. Contact Aaron J. Boria for your free consultation today (734) 453-7806