Michigan Felonious Assault Charges: Michigan Assault Attorney Brian J.
Prain Answers Some of the Common Questions Asked by Those Charged With
This Crime.
Prain Law, PLLC is a Michigan Assault lawyer. What that means is that not only does Prain Law, PLLC concentrate its practice on criminal defense, but within the category of criminal defense, we concentrate on defending those charged with Michigan Assault crimes, including Michigan Felonious Assault charges (technically called Michigan Assault With a Dangerous Weapon charges) under MCL 750.82. If you or someone you know is facing Michigan Felonious Assault charges, why not call Prain Law, PLLC at (248) 731-4543 right now? We respond to calls anytime, 7 days a week, there is no obligation, and a Michigan Assault lawyer will give you answers personally tailored to your own Michigan Felonious Assault charges. In the meantime, here are answers to the questions that are likely troubling you if you are facing Michigan Felonious Assault charges:
# 1) Will I go to Jail or Prison for Michigan Felonious Assault charges?
The short answer is that it is possible. This is a Felony Assault charge, and as with all Michigan Felonious Assault charges, the risk of Jail or Prison is a realistic one. That is reason alone to invest in a very, very good defense. Remember though, you only get sentenced if you plead guilty or are found guilty. So the first order of business is preventing that from happening. Whether or not you get locked-up if you plead to Michigan Felonious Assault charges is a result of: 1) whether you have a Sentence Agreement or "Cobbs" Evaluation from the Prosecutor or Judge, respectively; 2) your criminal history (if any), and how your Michigan Sentencing Guidelines are scored; and 3) the facts of your individual Michigan Felonious Assault charge. Call Prain Law, PLLC at (248) 731-4543 and we'll score your Guidelines for you right over the phone and give a preliminary opinion on what you're facing if convicted of Michigan Felonious Assault charges. You'll need to have an accurate memory of any criminal history for this to be effective.
Click here for PrainLaw's detailed articles on how Sentencing Guidelines work in Michigan Felonious Assault charges. (The article is on Resisting & Obstructing Sentencing, but the process is the same).
#2) How can I be facing Michigan Felonious Assault charges when I didn't even touch anyone?
In Michigan, an Assault does not require any touching at all. The definition of "Assault" in Michigan means doing either of two things: 1) n attempted battery (an attempted touching that is intentional, not accidental, and forceful, violent, or offensive), such as a swing with a baseball bat and a miss; or 2) any act that would cause a reasonable person to fear or apprehend an immediate battery, such as swinging a weapon at someone with no intent to actually hit them, but intending to scare them. Therefore, in order to substantiate Michigan Felonious Assault charges, no touching is required. In-fact, most Michigan Felonious Assault charges do not involve touching. If they did, they'd likely be charged as Assault With Intent to do Great Bodily Harm Less Than Murder.
#3) Can you give me a quick roadmap of the Court process I'll undergo?
Yes. By the time you're reading this, you've probably already been informed of your Michigan Felonious Assault charges at an Arraignment, and the terms of your Bond have been set, including the No Contact Order (perhaps you've had to post a money Bail as well).
- Your next hearing will be either a Pre-Exam Conference or a Preliminary Exam. The Pre-Exam Conference is a hearing in some Courts where your attorney will meet with the Prosecutor, discuss what evidence has been provided, and (supposedly) make an attempt to resolve your Michigan Felonious Assault charges.
- The Preliminary Exam is held in every Court, and it is like a "mini-trial," but without a Jury. Witnesses are called and testimony is taken. It is important to hold the Preliminary Exam, and not waive it like 99% of lawyers will convince you to. From there, you will now appear at the Circuit Court instead of the District Court.
- You will appear at Circuit Court for an Arraignment on the Information, which is substantially similar to your original District Court Arraignment. The next hearing will be a Pretrial Conference (also called a "Docket Conference," "Calendar Conference," or "Settlement Conference"), at which it will eventually be decided if you will take a plea deal or take your case to Trial. If you take a plea deal, you will give your plea at one of these hearings.
- If not, your case will proceed to Trial. Sometimes, "Motions" are filed; written legal documents asking the Judge for a range of things, including excluding evidence at Trial.
- If you take a plea or are convicted of the Michigan Felonious Assault charge, your final Court hearing will be the Sentencing. Again, the first order of business is to avoid a conviction.
The best way to avoid a conviction for Michigan Felonious Assault charges is to have good legal representation from a knowledgeable Michigan Assault attorney. For more information, visit our website or call Prain Law, PLLC anytime at (248) 731-4543.