If you are facing felony assault charges you need an agressive Michigan criminal defense lawyer immediately. Felonious assault is a serious offense that can lead to prison, the loss of your ability to carry a gun, vote, or even be a chaperone at your child’s school.
An experienced criminal lawyer can make all the difference in the outcome of your case. Call (734) 453-7806 today to speak with criminal lawyer, Aaron J. Boria.
Felonious Assault Punishment
Felonious assault is a felony that carries a maximum possible penalty of four years in prison and a fine of $2,000.00 plus costs, MCL 750.82(1). Other likely penalties could include years of probation, anger management, drug and alcohol testing, community service, work program, and more.
If it is alleged that the crime took place in a weapon-free school zone the fine can be increased to $6,000 and the person could be ordered to preform up to 150 hours of community service per MCL 750.82(2).
What is Felonious Assault?
Felonious assault is an assault that involves a weapon, MCL 750.82.
Felonious assault does not require that the person charged with the crime use the weapon on the alleged victim, it only requires that a weapon be present in a threatening manner. Another words, no one has to be hit with the weapon for their to be a felonious assault. The assault occurs when the person with the weapon threatens another person.
MCL 750.82(1) lists the following as a dangerous weapons: gun, revolver, pistol, knife, iron bar, club, brass knuckles.
Case law has expanded on this list of dangerous weapons to include automobiles, 22-caliber pellet gun, a shoe, bottle, flashlight, and even a dog.
The Michigan Court of Appeals held that an unloaded gun is sufficient to support a felonious assault conviction in People v Prather, 121 Mich App 324 (1982).
Bare hands do not constitute dangerous weapons under the felonious assault statute. That’s right, despite your black belt friend telling you that his hands are lethal weapons, they are not, at least not under Michigan law.
To be convicted of felonious assault, a prosecutor would have to prove beyond a reasonable doubt that you did or tried to touch another person in a way that would cause that person to think they would be hit or harmed; that you intended to hit or harm that person or wanted them to think you were going to hit or harm them and you did or could have carried out the threat.
Felonious Assault Defense
If a weapon is not present you can’t be convicted of felonious assault; however, there is an exception if you made the other person believe you had a weapon.
If you could not have carried out the threat then you cannot be convicted of the offense. For example, if the weapon was a bat and you were across a street from the complainant and never came to their side of the street a conviction for felonious assault shouldn’t be sustained.
Self-defense, or the defense of another person is an obvious defense to any assault charge.
Defense of others where you came to someone else rescue and defended them would be a defense to any assault charge.
Assaults cannot occur on accident, so if the assault was an accident you are not guilty.
Felonious Assault Lawyer
If you have been charged with felonious assault contact criminal lawyer, Aaron J. Boria (734) 453-7806. Our office has successfully had felonious assault charges dismissed and have also successfully obtained jury acquittals on felonious assault charges.
In one jury trial our client was charged with domestic violence, and two counts of felonious assault. One count was for threatening his live in girl friend with a knife, and one was for trying to run her over with a car. After a multi day jury trial out client was found not guilty on all charges.