Assault With Intent to do Great Bodily Harm Less Than Murder Criminal Defense Lawyer in Michigan

What is the Meaning of GBH?

“Great Bodily Harm” means any physical injury which could seriously harm the health or function of the body.

At trial on a charge of Assault With Intent to do Great Bodily Harm Less Than Murder, the Prosecution must prove, beyond a reasonable doubt, that you tried to physically injure another person, you had or believed you had the ability to cause an injury, or you intended to cause Great Bodily Harm. Actual injury is not necessary, but if there was an injury, it may be considered evidence in deciding whether the defendant intended to cause great bodily harm.

This means if the accuser is your spouse, ex, boyfriend, or girlfriend, the charges may be more serious—similar to a Domestic Violence situation. As a result, the Court will impose a No Contact Order, banning any contact between you and this person. If you live together, someone will have to leave. Violation will result in jail time.

According to MCL 768.27b, the Prosecution can attempt to use past alleged acts against you to claim that you are violent. This is true even if it is a complete lie and the Police were never even called. Our trusted Michigan criminal defense lawyer Brian J. Prain knows how to successfully fight this evidence, as well as how to balance it by exercising your right to call character witnesses. Even if you have never been convicted of an “assaultive crime” in the past, where the charge is as serious as Assault With Intent to do Great Bodily Harm Less Than Murder, you are not eligible for the Michigan Domestic Violence Deferral under MCL 769.4a.

Is Assault With Bodily Injury A Felony in Michigan?

Assault With Intent to do Great Bodily Harm Less Than Murder is an extremely serious charge if convicted. MCL 750.84, the Michigan law on Assault With Intent to do Great Bodily Harm Less Than Murder (called “Assault GBH” for short), says a person who “assaults another person with intent to do great bodily harm, less than the crime of murder” is guilty of a felony “punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both.”

It can be hard to tell whether an assault causing injury will be charged with Aggravated Assault or Assault GBH. While the misdemeanor Aggravated Assault requires an injury, the 10-year felony Assault With Intent to do Great Bodily Harm Less Than Murder requires no injury at all. The penalties are even more severe if you are charged as a “Habitual Offender,” including up to LIFE in Prison.

At Prain Law, PLLC, we have had clients accused of breaking limbs requiring surgery who were charged with misdemeanor Aggravated Assault, while other clients accused of causing a black eye have been charged with the very serious felony Assault With Intent to do Great Bodily Harm Less Than Murder. Our experience has revealed two reasons why people get charged with the 10-year felony: 1) extensive criminal histories; and 2) domestic situations.