What Does Felonious Assault Mean - Assault charges can apply to a variety of situations, from domestic violence disputes to assault with intent to murder. Assault is generally considered a crime unless it involves a dangerous attack with a weapon. If you are facing a felony assault charge in Michigan, you may be looking at some serious consequences, including various fines, penalties, and even jail time. With over 20 years of experience, the Barton Morris law firm handles a variety of criminal defense cases, including felony assault, helping people just like you. Continue reading to learn more about assault penalties and how you can fight them with a Michigan assault defense attorney.
Michigan law defines "aggravated assault" as a crime that describes an attack on another person that is intended to cause serious harm to an individual, but not to cause death. A more specific charge is aggravated assault, which involves a combination of assault and battery on another person with the intent to commit another criminal act (such as robbery) while also using a dangerous or deadly weapon.
What Does Felonious Assault Mean
One of the most confusing parts of an aggravated assault charge revolves around the use of a dangerous or deadly weapon. In the state of Michigan, even if an assault involves firing a weapon or pointing a weapon, it does not require the weapon to cause harm. Many felony charges are based on fear that the possession of a deadly weapon would affect a reasonable person. While guns and knives are typically the most common types of weapons used in aggravated assault cases, the term "dangerous" or "deadly" weapon is not limited to these two items under Michigan law. Other types of dangerous or deadly weapons:
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Unfortunately, Michigan does not have a universal penalty for assault. Most of the penalties for assault depend on the severity of the victim's injuries, the relationship between the defendant and the victim (such as a marital relationship), whether a deadly weapon was used during the assault, and the number of them. the defendant's prior assaults, if the defendant was in the process of committing another crime (for example, robbery), and how much harm was caused to the victim during the assault.
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The Michigan court system takes assault charges very seriously. It is important for your case to consult with a criminal defense attorney to fully understand the scope of your case and what you may face if convicted, especially if the assault was committed with a dangerous or deadly weapon.
In the case of a conviction for a violent crime, the prosecutor must prove all aspects of the perpetrator's intent and actions. Our highly skilled criminal assault defense attorneys will consider all aspects of your unique circumstances to formulate a defense on your behalf.
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Our team is dedicated to providing the highest level of protection services. The Barton Morris law firm has over 20 years of experience working with Michigan courts and has worked within legal constraints to help countless people facing aggravated assault charges have their charges reduced or dismissed entirely. If you need a Michigan assault defense attorney, contact our offices for a free consultation.
Barton Morris has been a respected and prominent attorney in Michigan for over 20 years. He practiced in all areas of the law, was at the top of his field and always ensured that his clients received the highest and best level of service available. He is the principal attorney at Barton Morris Law Firm, a small group of attorneys who all share a vision of improving the lives of their clients through superior service and exemplary results. When it comes to criminal defense, Barton's reputation is stellar. He teaches lawyers across the country as a lecturer for the DUI Defense Lawyers Association and president of the Michigan OWI Lawyers Association. Barton is the only attorney in Michigan certified as a forensic attorney by the American Chemical Society. He is also the only criminal defense attorney to present to the Michigan State Police Forensic Science Division at the annual conference. Barton was also the only criminal defense attorney selected to present before the Michigan State Board of Disability on marijuana-impaired driving issues. He is also very well known and respected for marijuana. Barton was instrumental in legalizing adult marijuana use in Michigan with the successful campaign to legalize marijuana as alcohol in November 2018 (he was also part of the failed campaign in 2016). Barton is currently chair of the Cannabis Law Section of the Michigan State Bar and will chair the section in 2023-2024. He is the founder of the Cannabis Legal Group, providing expert legal services to the commercial medical and AU industry since 2015. Since 2015, Barton has been named Super Lawyer of the Year and Best Lawyer of the Year by DBusiness magazine. He appears regularly as a guest legal commentator on Fox 2, Let it Rip, WXYZ, NPR and WWJ. He is regularly interviewed and quoted by the Detroit Free Press, Metro Times and MLive. But despite all of his accomplishments, he believes that the most important thing is the amazing results that he and his firm have achieved and continue to achieve for their clients over the years. Assault is a type of crime that involves the intentional harm of one or another person. others. The specifics of the crime may vary from jurisdiction to jurisdiction, but generally it is a crime with three main elements: intent to cause harm; a violent or deadly weapon; and cause actual bodily injury. In other words, threats are usually not taken into account and failed attempts are usually not prosecuted as a serious crime. The law is usually written in very general terms that can be difficult to apply in complex situations. In most cases, there is often room for attorneys and other legal professionals to fit specific facts into these broader frameworks, so whether someone is charged or ultimately convicted of this type of crime is often fact-based.
The term "invasion" is a legal word used to describe an unwanted invasion of a person's space. In many places it is even real
Attack or breach is required. Attacks are usually divided into three categories in order of increasing severity. Simple assault is usually anything that causes a person to fear for their safety. Assault and battery occurs when the threat turns into actual violence, although the contact may not be serious; even something like a slap in the face usually counts. Finally, aggravated assault occurs when an offender threatens another with actual, serious harm. Almost all crimes are felonies.
Michigan Felonious Assault
Many types of crimes can be classified as serious crimes. This designation basically shows how serious the allegations are. In most systems, felony charges carry the most intense and severe penalties. A crime is recognized only when the court determines that the facts of security are the basis.
Most courts require crimes to meet predetermined thresholds to be charged or convicted as a felony, and even then there is no guarantee that a person will actually be convicted. Access to crime
Generally requires prosecutors to prove that the crime in question falls within the jurisdiction's requirements for a declared felony assault. It can be a heavy burden. However, if the prosecutor fails to make the case convincingly, the accused criminal is always free; in most cases, he may still be convicted of a lesser charge.
All criminal assault charges must meet several basic requirements to be successful. The first is usually the intention. The intention of the person accused of committing a criminal offense must be clear. This is sometimes considered gross negligence. In such cases, a person who had no intention of harming anyone can still be charged with a felony if the gun is not properly secured and accidentally discharges, injuring bystanders. The logic is that he must have known his actions could cause harm and was criminally negligent in not protecting his weapon better. Negligence sometimes affects the charges against drivers who cause major accidents.
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