MICHIGAN FELONY ASSAULT LAWYER GOING ABOVE & BEYOND FOR YOU
What is Felonious Assault in Michigan? Assault With a Dangerous Weapon
What is the Michigan Felonious Assault law? MCL 750.82
According to the statute, MCL 750.82, and the standard Jury Instruction for this crime, M Crime JI 17.9, the correct term is Assault With a Dangerous Weapon. However, it is most commonly called Felonious Assault for short. We use both terms interchangeably; they are the same exact crime under MCL 750.82.
Contact our Michigan felony assault attorney today to learn more about how we can defend you.
What is Felonious Assault in Michigan? How is Michigan Felonious Assault Defined?
Because Prain Law, PLLC is a Criminal Defense firm that concentrates on defending Michigan Assault charges, we often hear the question “What is Felonious Assault in Michigan?” Felonious Assault charges under MCL 750.82 are sought when one allegedly “assaults another person with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or another dangerous weapon without intending to commit murder or to inflict great bodily harm less than murder.”
As its name suggests, Felonious Assault (“Assault With a Dangerous Weapon”) in Michigan is a felony “punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.”
In the definition of Felonious Assault in Michigan, what does “Assault” mean?
In Michigan, an Assault in Michigan can be one of two things:
a) an unsuccessful attempt to commit a battery (i.e. a swing and a miss); or
b) any act that would cause a reasonable person to fear or apprehend an immediate battery (i.e. a fake slap to make someone flinch, but without actually touching them).
CLICK HERE for the definition of Battery in Michigan…
In Michigan, a Felonious Assault must be intentional (and not accidental), even though actual touching is not necessary. The prosecution must prove beyond a reasonable doubt that you either have intended either to injure the alleged victim or to make the alleged victim reasonably fear an immediate battery.
The prosecutor also must prove beyond a reasonable doubt that you had the ability to commit a Battery, appeared to have the ability, or thought you had that ability.
What is the definition of “other dangerous weapon” in Michigan? Can a person even commit Felonious Assault with a car?
As used in the definition of Felonious Assault (Assault With a Dangerous Weapon), the term “other dangerous weapon” means “any object that is used in a way that is likely to cause serious physical injury or death.”
Some things like guns, knives, brass knuckles and other typical weapons obviously would meet the definition of “dangerous weapon.” But even something designed for a completely peaceful purpose can be a “dangerous weapon” if it is used or intended to be used in a way likely to cause serious physical injury or death. A common example is a car or glass bottle. When there is a question as to whether or not something like this is a “dangerous weapon,” it is up to a Jury to decide.
What is the Sentence for Felonious Assault (Assault With a Dangerous Weapon) in Michigan? Will I go to Jail for Felonious Assault?
If you are convicted of Felonious Assault in Michigan under MCL 750.82, and you have never been convicted of a Felony before, you are guilty of a Felony punishable by “imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.”
The penalties are increased even more if you are charged as a “Habitual Offender.”
A person convicted (and only if convicted) of Felonious Assault in Michigan can spend up to 4 years in Prison if they are not charged as a Habitual Offender. Whether or not you will actually receive Jail or Prison time in your Felonious Assault case depends on the severity of your alleged actions, how your Felonious Assault charges are defended, and the effectiveness of your attorney.
If you are facing a Felonious Assault charge in Detroit, Michigan, your actual possible range of incarceration time will be calculated under the Michigan Sentencing Guidelines. Your Guidelines need to be scored at the start of your criminal case, not at the end when it’s too late (like many lawyers do).
Hear From Our Clients
Real People. Real Reviews.
-
“His attention to detail and willingness to go against people who are "respected" by most of the general public speaks volumes.”Former Client
-
“He is reasonably priced and always on top of everything, and if he doesn't know something, he finds ALL of it out! I”Former Client
-
“Simply put, Brian is savvy lawyer and a forthright, amazing person.”Laura
-
“If you look for a criminal defense lawyer to get the best possible outcome regarding your specific situation, then contact Brian, I really recommend him in that regard.”Reza
-
“I knew right away this was my best chance to get the best possible result out of my horrible situation.”James P.
-
“He was honest in his advice and evaluation - he was genuine in his concern and his efforts to bring justice were incredible.”P.
-
“Brian is an honest and hardworking attorney who does not only care about the money.”Matt
-
“Brian is simply the most dedicated lawyer one can find.”Steve C.
Why Hire Prain Law, PLLC?
Defense You Can Depend On. Experience You Can Trust.
Prain Law, PLLC is a firm name that Michigan knows and trusts for proven defense. Our allegiance lies with the criminally-accused, and we spend 100% of our time and efforts taking a stand for their rights. Whether inside or outside of the courtroom, we stick with your side of the story no matter what. Before hiring a defense attorney for your case, make sure that he or she is qualified enough to handle it.
-
Taking a loss is never an option at our firm. We are prepared to do everything it takes to reach a favorable outcome.
-
Attorney Prain's fearlessness and powerful legal abilities have led to many dropped charges and "not-guilty" verdicts.
-
Criminal defense is our firm's exclusive focus. We are committed to protecting and defending the accused.
-
Attorney Prain has been selected by the Super Lawyers® organization every year since 2013, & has. "10.0" Avvo Rating.
-
Accused of Criminal Sexual Conduct?
When faced with a charge this serious, you need a powerful and proven legal team in your corner. Prain Law, PLLC is prepared to defend your good name.
-
Experienced in Achieving the Best Possible Outcomes
Criminal cases are resolved through trial, plea agreements, or, in rare instances, dismissals of some or all charges. With extensive experience in all three paths, Attorney Brian K. Prain will go the extra mile to protect your freedom and constitutional rights. -
Common Criminal Sexual Conduct Questions
Navigating the justice system can be challenging without proper knowledge of its working components. Get the clarity you need to make informed decisions.
Prain Law, PLLC's Blog
Want all the latest news or updates? Browse through our blog to read our most recent posts and featured articles.