Aggravated assault or felonious assault is defined by Michigan law as “an unlawful attack by one individual upon another wherein the offender uses a weapon to inflict injury or displays it in a threatening manner.” An aggravated assault is something where “the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration or loss of consciousness.”
Felonious assault is a very serious crime, and the penalties and consequences for someone accused and convicted of felonious assault can be life-changing. It is important that you understand your legal rights if you have been accused and charged with aggravated assault, battery, or are felonious assault.
If you are facing charges of assault with a dangerous weapon in Michigan, you have the right to hire a felony lawyer to represent you in a court of law. In any criminal prosecution, the sooner you assert your rights, the better your chance of prevailing. At Michigan Defense Law, criminal defense lawyer Paul J. Tafelski and our team of aggravated assault lawyers may be able to help.
An aggravated assault may rise to the level of a felony if you use any type of weapon to cause an injury or display a weapon with the intention of causing harm to someone. The Michigan Penal Code defines weapons to include:
Whether you use a deadly weapon or not, you can also be charged with felony assault if your actions cause the victim to suffer serious or apparent injury. Additionally, you can be charged with an assault if you intend to place the alleged victim in fear of an imminent battery. A battery is simply a harmful or offensive touching.
Being charged with felonious assault is very serious. If you’re facing charges of felonious assault, it’s always best to have an experienced criminal defense attorney to help you understand your rights. Michigan Defense Law is a firm founded by aggravated assault lawyer Paul Tafelski. The assault attorney and his team of criminal defense attorneys can help you navigate the complexities of the legal system.
Call now (248) 451-2200.
In Michigan, an aggravated assault can be charged as anything from a misdemeanor aggravated assault to a serious felony. How the state determines which charges to file will depend on the facts of the case. Some factors that are used to determine how an assault is charged include:
Felonious assault’s legal definition is, “assault with a dangerous weapon,” and it is defined under Michigan law as follows: “Except as provided in subsection (2), a person who assaults another person with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapons without intending to commit murder or to inflict great bodily injury less than murder is guilty of a felony.” Michigan Penal Code 750.82.
The legal definition of assault is “putting another person in reasonable apprehension of receiving an immediate battery.” The battery is defined as “an offensive touching.” What many people do not realize is that a gun, knife, or other common weapon is not required for the state to file a battery aggravated assault charge as a felonious assault. As the statute reads, anything that could be considered a “dangerous weapon” qualifies. Could a flashlight be a dangerous weapon? What about a shoe? The answer is “maybe.” What constitutes a “dangerous weapon” is open to debate and will often be the focus of your defense.
Aggravated assault charges can have an unpredictable impact on the life of the accused. Therefore, it is very important to get legal advice from a skilled aggravated assault attorney. The team of criminal defense attorneys at Michigan Defense Law understands what it takes to get their client to have a favorable outcome and have a strong track record of winning cases.
To learn more, contact us today at (248) 451 2200.
If convicted of felonious assault or aggravated assault with a dangerous weapon, you could be sentenced to up to four years in prison and/or a fine of up to $2,000. If the assault took place in a “weapon-free school zone,” then you face imprisonment for not more than four years, a fine of up to $6,000, and up to 150 hours of community service. If your case is ultimately reduced to a misdemeanor assault, the potential penalties are significantly less serious. Basic assault carries with it a potential penalty of not more than 93 days in jail and/or a fine of not more than $500.
Getting the legal advice of skilled lawyers who understand the laws surrounding aggravated assault is important. These lawyers can help their clients understand their legal rights and help achieve dismissal of the charges or the best possible outcome. We understand the impact of jail on the lives of most people and utilize all our experience to avoid bad outcomes. You only get one chance to get it right. It is very important to have a good attorney on your side.
Each case of felonious assault in Michigan is unique. However, there are some common tactics that can be used to defend a charge of felonious assault, including the following:
Sometimes a felonious assault charge can be reduced to a misdemeanor assault through negotiations with the prosecuting lawyer. This can happen once it becomes clear to the state prosecutor that they will have a challenge prevailing at trial on the more serious charge of a felonious assault. Other times the decision may be made to take the case to trial and let a judge or jury decide whether an aggravated assault took place and, if so, what level of assault occurred. It is important to remember that you have legal rights, and with the assistance of an experienced aggravated assault lawyer, you can take back control of your life and your future.
Aggravated assault refers to an assault that ultimately causes injury. This type of offense can be sentenced up to a year of jail time.
Although Michigan law says that the injury must be serious in order to consider it an aggravated assault, this can be misleading. The laws surrounding aggravated assault in Michigan can be very harsh. It is possible for the government to turn a simple assault or battery charge into an aggravated assault charge if the victim seeks medical treatment. There is no need for the prosecution team to bring a healthcare provider to show that the “victim” sought medical treatment. If the defendant receives a guilty verdict, they can face a year in prison, 1,000.00 in fines, probation, and loss of quality of their life because of a permanent record.
If a man is facing aggravated assault charges against a woman, the prosecuting team may have a “victim’s advocate” standing next to them. Often, these advocates give the effect of making the defendant seem more like a criminal even before they have the chance to defend themselves.
The good thing is, you have the right to choose an experienced aggravated assault attorney who can fight for your rights and your freedom. Having a skilled lawyer may be able to help you understand your rights and help you explore all the avenues that will lead to a favorable outcome.
In an aggravated assault case, it’s very important to have an experienced felony aggravated assault lawyer to help you navigate the complexities of the legal system. At Michigan Defense Law, aggravated assault lawyer Paul Tafelski and his team of skilled assault attorneys are experienced in handling serious crimes. We can guide the client on what their next steps should be.
Call (248) 451 2200 today to learn more about how we can help.