Definition Of Felony Assault - Assault charges can be brought in a variety of situations ranging from domestic violence disputes to assault with intent to kill. Usually assault is considered a misdemeanor charge unless it involves a dangerous weapon—making assault a felony. If you face a felony assault charge in the State of Michigan, you may be looking at some serious consequences including various fines, fines, and even jail time. With over 20 years of experience, Barton Morris Law Offices has handled a wide variety of criminal defense cases–including felony assault–helping individuals like you. Read on to learn more about the penalties for felonious assault and how to fight it with a felonious assault defense attorney in Michigan.
"Felony assault" in Michigan is defined by law as a criminal offense that describes a violent attack or threat of attack on another individual that is intended to cause serious harm to that individual but stops short of death. More definitively, an assault charge is a crime where the crime is a combination of assault and battery on another individual committed with the intent to commit another criminal activity (eg robbery), but also involving a dangerous or deadly weapon.
Definition Of Felony Assault
One of the most confusing parts of a felony assault charge is the use of a dangerous or deadly weapon. In the state of Michigan, when an assault involves the firing of a weapon or the display of a weapon, it does not require a weapon to cause harm. Many felony assault charges are based on the fear of having a weapon that can kill enough people. Additionally, while guns and knives are typically the most common types of weapons used in felony assault cases, the terms "dangerous" or "deadly" weapons are not limited to these two items in Michigan law. Other types of dangerous or deadly weapons include:
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Unfortunately, there is no one-size-fits-all punishment for assault in the state of Michigan. Many sentences for assault depend on the severity of the injury to the victim, the relationship status (such as domestic relationship) between the accused and the victim, whether a deadly weapon was used during the assault, the number of prior assault offenses. charged if the accused was in the process of committing another crime (eg robbery), and the extent to which the victim was injured during the attack.
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The Michigan court system takes assault charges seriously. It is very important for your case to consult with a top criminal defense attorney to make sure you fully understand your situation and what you may face if convicted, especially if the assault was committed with a dangerous or deadly weapon.
For a felony assault conviction, prosecutors must prove beyond a reasonable doubt every aspect of the offense's intent and conduct. A qualified criminal assault defense attorney will address all aspects of your unique situation to formulate a defense for you.
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Our team is dedicated to providing the highest level of defense services. Barton Morris Law Offices has over 20 years of experience operating Michigan courts and working within the legal realm to help many people facing felony assault charges, have their charges reduced or dismissed. If you need a criminal assault defense attorney in Michigan, contact our office for a free consultation.
Barton Morris has been a respected and prominent attorney in Michigan for over 20 years. In every area of law he practices, he has excelled at the top of the field always ensuring clients receive the highest and best level of service available. He is the lead attorney at Barton Morris Law Offices which is comprised of several attorneys who all share a vision to improve the lives of their clients with superior service and great results. When it comes to criminal defense, Barton's reputation is stellar. He has taught lawyers across the country as a faculty member of the DUI Defense Lawyers Association and as President of the Michigan OWI Lawyers Association. Barton is the only attorney in Michigan certified by the American Chemical Society as a Forensic Attorney Scientist. He is also the only criminal defense attorney present at the Michigan State Police Forensic Science Division at its annual conference. Barton is also the only criminal defense attorney selected to serve on the Michigan State Police Driving Commission on the issue of driving under the influence of marijuana. Regarding cannabis, he is also known and respected. Barton was instrumental in the legalization of marijuana use in Michigan with the success of the Campaign to Regulate Marijuana Like Alcohol in November 2018 (he was also part of the failed campaign in 2016). Barton is currently appointed chair of the Cannabis Law Section of the State Bar of Michigan and will serve as chair of the section in 2023-2024. He is the founder of the Cannabis Law Group which has been delivering specialist legal services to the commercial medicine and AU industry since 2015. Barton has been named a Super Lawyer every year since 2015 and a Top Lawyer by DBusiness Magazine every year. He regularly appears as a guest legal commentator on Fox 2, Let it Rip, WXYZ, NPR and WWJ. He is also frequently interviewed and quoted in the Detroit Free Press, Metro Times and MLive. Yet despite all his achievements, he believes the most important thing is the amazing results he has achieved and continues to achieve for his clients over the years. We hear the word "attack" used in many ways. The two types of assaults we often hear about are felony assaults and aggravated assaults. No one knows whether the incident was an "attack" by definition. So what is the difference between felony assault and aggravated assault? Is there a difference?
Although there are hundreds of possible crimes, some of the most common crimes in Michigan include those related to the use and transportation of narcotics; building robbery; attack with a dangerous weapon (malicious assault); armed robbery; attempted murder; sexual offense in the first degree; and car theft.
There are several categories of crimes, from Class A to Class F. Class A crimes are the most serious, while Class F crimes are punishable by up to two years in prison and can be considered a misdemeanor.
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In short, assault is the threat of bodily harm when a person has the ability to carry out the threat. It means that some are afraid of getting hurt.
A more serious attack is when someone wants to do more than scare the victim. Aggravated assault may include intent to kill. More serious assaults can be punished as felonies or misdemeanors.
Thus, while the distinction between felony assault and aggravated assault is also about intent and result, the terms can actually be used to complement each other. Anyone who commits aggravated assault can be charged with felony assault, while crimes committed by that person can be charged with aggravated assault.
"Aggravated / Felonious Assault is an unlawful attack by a person against another person in which the offender uses a weapon or presents himself in a threatening manner, or the victim suffers serious or serious bodily injury resulting in broken bones, loss of teeth, possibly internal injuries. . , badly wounded, or unconscious."
Sexual Assault Vs. Aggravated Sexual Assault [infographic]
If you would like more information about the difference between felony assault and statutory aggravated assault, contact an attorney or let us know. We can help you understand the difference or point you in the right direction.
We can be reached 24 hours a day, 7 days a week through the Detroit Bail Bonds website or by phone at 313-244-0669.
This entry was posted on Friday, October 21st, 2017 at 6:07 pm and is filed under Court Proceedings, Legal Matters. You can follow responses to this entry via an RSS 2.0 feed. You can leave a response, or trackback from your own site. Harmful or offensive touching (common felony; even negligence resulting in touching) Aggravated battery (felony version) Battery: With intent to kill Causing serious harm. Weapons Attack Attempts to commit battery (special purpose) Make people afraid of immediate battery (general purpose) Aggravated assault: Same basic idea as increased battery Mayhem Deliberately maiming or killing
Assault in the 3rd Degree (misdemeanor) Causing injury by willful or reckless act OR Negligently causing injury using a dangerous weapon or instrument Assault in the Second Degree (class D felony) Intentional serious bodily injury Intentional injury caused by a weapon Any injury which is designed to prevent police officers or medical workers from doing their jobs.
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