ASSAULT WITH INTENT TO DO GREAT BODILY HARM Less than Murder (also known as Assault GBH) IS A FELONY CRIMINAL OFFENSE IN MICHIGAN, BASED ON MICHIGAN MCL 750.84.
Assault with Intent to Do Great Bodily Harm (LtM). Michigan Law Carries a Punishment of up to 10 Years in Prison and up to $5k
One of the most serious Felony Assault crimes under Michigan law, Assault with Intent to Do Great Bodily Harm - Less Than Murder, under MCL 750.84 is punishable as described above, or as high as Life in Prison for certain Habitual Offenders ( i.e. 3rd and 4th Habitual).
In the great many years since the Assault with Intent to Do Great Bodily Harm - LtM Law was passed (1931), the Appellate Courts have done much to further define Assault GBH and its elements. To find you guilty, the Prosecution must prove ALL of the following beyond a reasonable doubt:
1) that you tried to physically injure someone other than yourself;
2) that at the time, you actually had the ability to cause an injury, or that you at least believed that you had that ability; and
3) that you intended to cause great bodily harm. You do not need to have caused an injury and you do not have to have actually touched the other person to be guilty of Assault with Intent to Do Great Bodily Harm - LtM; but if there was an injury the Court or Jury may consider it as evidence in deciding whether you intended to cause great bodily harm.
GREAT BODILY HARM - "any physical injury that could seriously harm the health or function of the body".
In order to help meet the'burden of proof' necessary to prove his case, the Prosecution has the benefit of a special statute,MCL 768.27b, which overrides the normal operation of the Michigan Rules of Evidence which does not allow past allegations of 'Domestic Violence' into the Court proceedings, in order to establish past violent behavior. Under the charge of Assault with Intent to Do Great Bodily Harm - LtM , these allegations will be allowed in the proceedings.
And remember - these are ALLEGATIONS - they need not to have ever resulted in arrest or charges brought against you - in fact, you may never have even heard of them before now. They may have suddenly emerged at an interview with Prosecution, Police, etc.
This Statute can hurt your defense, enormously, if your attorney is not aware of the essential facts and elements of this law. Particularly, the proper handling of a "Vandervliet", and 401/403 Objection.
Additionally, your attorney needs to be strongly aware of and prepared to argue the nuances of People v Smith; People v. Mitchell; People v. Howard, People v. Stinnett; People v. Troy - all of which interpret and affect the application of Michigan's Assault with Intent to Do Great Bodily Harm - LtM, to the factors and rudiments of your case.
There are numerous possibilities for handling the defense of your case, depending on the minutiae (details) involved: 1) Self-Defense; 2) Defense of Others; 3) Consent, or Mutual Affray; 4) Accident; 5) Identity; 6) Lack of Intent; 7) Reasonable Doubt...
Considering the facts of this article, you can definitely see that the decision in choosing the right Advisor, Advocate, Counsel, and Preceptor, is probably the most important decision you will make for both yourself and your family, as you wend your way through this harrowing time in your life.
We think you'll agree that PRAIN LAW, PLLC is the right choice. There are many lawyers out there who will claim more than they are able to produce, or who settle for what is easy over what is right. Practicing law is a skill that develops over time - through experience, commitment, dedication and hard work. Putting your future in the hands of Brain J. Prain, is the best decision you can make.
You owe it to yourself, and to your family to pick up the phone and consult with one of Michigan's best. Featured in Super Lawyers Magazine, and named Michigan's Criminal Lawyers Top 40 under 40 in 2014. Call us (248) 731-4543.