Michigan Assault Lawyer, Prain Law, PLLC is a Criminal Defense firm that specifically concentrates on defending
only those accused of Assault charges, many of which are
Felony Assault charges.
DO NOT PLACE YOUR LIFE IN THE HANDS OF A "GENERAL" CRIMINAL DEFENSE LAWYER.
Call the
Felony Assault Experts
and STAY OUT OF JAIL OR PRISON!
Michigan Criminal Defense Lawyer Brian J. Prain has been nationally ranked
Top 10 Criminal Defense Attorney Under 40 by the NACDA,
Top 40 Under 40 by the National Trial Lawyers
, can be found in
Super Lawyers and HOUR Detroit Magazines, and was selected to attend the famous
Gerry Spence Trial Lawyers College
. We believe you cannot find a harder working Criminal Defense Attorney
or a more passionate, prepared, and aggressive defense.
The definition of Felony Assault in Michigan is an Assault crime punishable by
more than 1 year in State Prison. The following bullet points cover the basics of some of the most common
Michigan Felony Assault charges. By clicking on the links, you'll
be redirected to our other pages and posts with extremely detailed information on each
Felony Assault crime and other related topics including sentencing for felony assault.
What Michigan Felony Assault charge are you facing?
- Felonious Assault (Assault With a Dangerous Weapon: this Felony Assault charge, commonly referred to as Felonious Assault, is correctly called "Assault With a Dangerous Weapon" under the statute, MCL 750.82. As it's name suggests, it is an Assault with the added element of a Dangerous Weapon being used. An "Assault" is either: 1) any act that would cause a reasonable person to fear or apprehend an immediate forceful, violent, or offensive touching; or 2) an attempted forceful, violent, or offensive touching. Although it requires NO touching at all, doing either of these things with a "dangerous weapon" (which can mean almost any object) can land you in State Prison for up to 4 years. If a gun was allegedly used, watch out for a charge of Felony Firearm, which has a MANDATORY 2 year Prison sentence. Click here to read about a recent NOT GUILTY verdict for Michigan Assault Lawyer Brian J. Prain in a tough Felonious Assault case.
- Assaulting, Resisting, or Obstructing a Police Officer: commonly referred to as Resisting and Obstructing, R&O, and other nicknames, this charge, under MCL 750.81d, is extremely broad and actually covers 7 different types of actions: assault, battering, wounding, resisting, obstructing, opposing or endangering a Police Officer. Carrying up to 2 years in Prison, it is extremely easy to be convicted of Resisting and Obstructing because "obstructing" is as simple as a "knowing failure to comply with a lawful command" or the "use or threatened use of physical interference or force." The worst part: the alleged "victim" shows up to Court to testify in a Police uniform! But click here to learn how an excellent Michigan Resisting and Obstructing Defense Lawyer can get you off the hook with the new 2012 Supreme Court ruling giving you a right to resist unlawful arrests. Felony R&O should not be confused with the Misdemeanor Resisting Arrest Ordinance laws.
- Domestic Violence Third Offense Felony: this is a Felony Assault crime under MCL 750.81(4) is the same as a regular Misdemeanor Domestic Violence (also called Domestic Assault), but with one or more convictions for Domestic Violence in Michigan or elsewhere. DV 3rd can also be charged if you have 1 prior Domestic Violence and are now charged with Aggravated Domestic Violence. Domestic Violence is an Assault or an Assault and Battery within a domestic context (click those links for the definitions). At up to 5 years in Prison, Domestic Violence 3rd Offense is a Felony Assault to be taken seriously, and even if you received a dismissal under the Michigan Domestic Violence Deferral, MCL 769.4a in the past, that still counts as a "conviction" for making it a third. In fact, you don't ever have to have been charged with a crime named "Domestic Violence" to be charged with Third Offense Felony. Plus, under MCL 768.27b, your prior Domestic Assault acts (read: acts, not necessarily just your convictions) may be used against you at Trial. Click here for information on removing a No Contact Order.
- Assault With Intent to do Great Bodily Harm Less Than Murder (Assault GBH): one of the most serious Felony Assault crimes in Michigan, the Assault With Intent to do Great Bodily Harm Less Than Murder law is MCL 750.84, and a conviction can get you up to 10 years in State Prison, and Habitual Offenders can even get LIFE. This Felony Assault is called a "specific intent crime," meaning the Prosecution must prove that you specifically intended to cause "great bodily harm." But even in the worst cases, a tough, experienced Lawyer may be able to get it reduced to Aggravated Assault under MCL 750.81a, which is only a 1 year Misdemeanor Assault charge that still requires "serious or aggravated injury," or better yet, gets a verdict of NOT GUILTY.
- Assault by Strangulation or Suffocation: this serious Felony Assault charge is under the same law as the Felony Assault GBH charge above, MCL 750.84, is also punishable by up to 10 years in State Prison and up to LIFE for Habitual Offenders. A relatively new law, this Felony Assault charge involves an Assault and Battery (normally a 93 day Misdemeanor Assault), but with the added element of the specific intent to intentionally impede the normal circulation of the blood or breathing by applying pressure on the throat or neck or by blocking the nose or mouth. There is no specific amount of time necessary - it could be allegedly doing so for just 1 quick second. Although this charge is so new that there is almost no case law interpreting it, Prain Law, PLLC handles Assault by Strangulation or Suffocation cases regularly.
- Assault With Intent to Murder (AWIM): the most serious non-sexual Felony Assault charge under MCL 750.83, Assault With Intent to Murder is punishable by LIFE or any term of years in Prison. Anyone charged with this Felony Assault charge should contact a Michigan Assault Lawyer immediately (instead of reading this article) - you could be charged with other offenses, including Attempted Murder. If a gun was used, even if you are found NOT GUILTY of Assault With Intent to Murder, you could still be convicted of Felony Firearm - a MANDATORY 2 years in State Prison.