Felonious Assault Lawyer – Detroit
If you have been charged with felonious assault you are facing serious charges. Call criminal defense lawyer, Aaron J. Boria (734) 453-7806. We fight for our clients and we get the results they need most.
Felonious Assault in Michigan
The statute for Felonious Assault can be found at MCL 750.82, it states: a person who assaults another person with a dangerous weapon (including a gun, knife, iron bar, club etc.) without intending to kill the person or commit harm less than murder is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both. The fine is tripled in school zones.
What this statute doesn’t say is the defenses available to you. If you acted in self-defense, or the defense of another person then you are not guilty.
If your actions were a mistake or accident, then again, you are not guilty.
If no weapon was involved then you cannot be charged with this offense.
Of course, other defenses could include that you didn’t do it at all, there was a mistake of identity, or someone was lying.
Felonious Assault at Trial
If you are forced to go to trial, which you may have to if your case has a fact based defense like self-defense, then the jury would be read these instructions:
The prosecutor must prove each of the following elements beyond a reasonable doubt:
First, that the defendant either attempted to commit a battery on Complainant or did an act that would cause a reasonable person to fear or apprehend an immediate battery. A battery is a forceful or violent touching of the person or something closely connected with the person.
Second, that the defendant intended either to injure Complainant or to make Complainant reasonably fear an immediate battery.
Third, that at the time, the defendant had the ability to commit a battery, appeared to have the ability, or thought you had the ability.
Fourth, that the defendant committed the assault with a dangerous weapon.
The jury would also be given an instruction on your defense and would be told to find you not guilty if they believed it was true.
For more information about assault defense in Michigan click here.
Felonious Assault Lawyer
If you have been charged call felonious assault lawyer, Aaron J. Boria today (734) 453-7806. We have obtained dismissals and won jury trials for all kinds of assault cases. Call us today and we will get behind you.