Felonious Assault Michigan
Felonious assault can mean years in prison. You need the best trial lawyer possible when facing these charges. Call Michigan criminal lawyer, Aaron J. Boria (734) 453-7806
Felonious Assault in Michigan is an assault with a weapon.
An assault by itself occurs when a (1) defendant commits or attempts to touch another person in a way that would cause that person to reasonably believe that they would be battered; (2), that the defendant intended to batter the person or intended for the person to believe that they would be battered; (3), the defendant had the ability to batter that person.
An assault is a misdemeanor criminal charge carrying up to 93 days in jail and a $500 fine.
For a criminal charge to reach the level of felonious assault the following must be true: A person who assaults another person with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon without intending to commit murder or to inflict great bodily harm less than murder can be charged with felonious assault.
Felonious assault is punishable by imprisonment up to 4 years and a fine up to $2,000.00, or both. If felonious assault is committed in a “weapon free school zone” the fine can be increased to $6,000.00, and community service up to 150 hours.
Defending against felonious assault
An assault cannot happen by accident. The alleged victim must reasonably believe that defendant will batter them. The person accused of felonious assault must have wanted the other person to believe that they would be battered. The person accused of felonious assault must have had the ability to cause a battery. The defendant must have also had a weapon in order to the crime to amount to the felony.
Aaron J. Boria has won multiple assault trials including felonious assault. Boria has also obtained outright dismissals of these charges prior to trial. Call Boria law today (734) 453-7806.