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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.

RELATED: Read about the most recent Felonious Assault NOT GUILTY verdict for Michigan Assault lawyer Brian J. Prain.

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?

Gun - assault with a deadly weapon in Michigan

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).

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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.

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