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October 30 2013
October 14 2013
Michigan Assault Charges and Laws
In Michigan, there are many different assault crimes. When presented with a police report and warrant request, the reviewing prosecutors pick which specific assault charge to bring based on their belief about the facts and circumstances of the case. Often, prosecutors choose the most serious crime possible and charge a defendant with that. Regardless of the specific assault charge, prosecutors and judges take these accusations seriously, and that is why having an experienced defense attorney is a necessity.
First, let’s start with detailing the differences between domestic assault and non-domestic assault. Domestic assault situations arise when the defendant and victim share a domestic relationship; these types of relationships include current/former spouse, current/former boyfriend or girlfriend, current/former roommate, and parent of a child in common. When a domestic relationship is not present between the defendant and victim, the defendant will be charged with a form of non-domestic assault. This page will detail the various non-domestic assault charges in Michigan.
Definition of Assault
Here are some of the most common types of non-domestic assault charges in Michigan:
Having an attorney by your side on an aggravated assault case would be very beneficial. Not only will an experienced attorney know exactly what to expect in court, but they can work to achieve a favorable result.
If felonious assault is alleged to have occurred in a weapon free school zone, the possible penalties include not only up to 4 years in prison, but a higher $6,000 fine and up to 150 hours of community service, as well.
It is important to keep in mind that any firearm used during the commission of a felony can result in felony firearm charges. Convictions on a felony firearm charge will result in a two year mandatory minimum prison sentence.
As is the case with all felonies, being sentenced to prison time is a possibility, so the need for good legal representation should be obvious.
Assault with Intent to do Great Bodily Harm Less Than Murder
Clearly, the maximum penalties for this type of assault are severe. Defendants often face this charge because of its severity. In other words, prosecutors are not satisfied with the 4 year felonious assault penalty will over-reach and over-charge this crime. Having an attorney who can recognize over-charging is critical.
Assault with Intent to Commit Murder
This presents special challenges for the criminal defense attorney and the prosecutor alike. Defendants are often hesitant to put their fate in the hands of a jury or judge charged with deciding what the defendant was thinking about the possibility of killing or causing great bodily harm. For those people who have been falsely accused, or for those who are over-charged, it can be an extremely frightening and frustrating situation. Any time such a serious penalty is possible, it is important to have the best possible attorney with you at the counsel table. These are not the type of cases that an inexperienced or inexpensive attorney should be handling.
Other types of assault: The assault crimes detailed above are some of the more common assault charges. However, there are many more Michigan assault crimes. Here is a list of some of the others:
• Threatening or assaulting a CPS worker
• Assaulting, battering, resisting, obstructing, or opposing a police officer performing a duty often called “Resisting and Obstructing or “R and O”
• Assaulting or battering an employee or contractor of public utility company
• Assault with intent to maim
• Assault with intent to commit any other type of felony
• Assault with intent to rob and steal, unarmed
• Assault with intent to rob and steal, armed
“The Defense of Self-Defense”
Your assault attorneys: At Kronzek & Cronkright, we believe that an aggressive assault defense lawyer is critical. In most assault cases, the prosecution relies heavily on the testimony of witnesses in order to preserve its case. Typically, witnesses are agitated, excited, angry, or intoxicated at the time of the alleged attack. In the hands of a skilled defense attorney, the testimony of such witnesses begins to fall apart.
Our experienced attorneys have many, many years of combined experience representing clients charged with state or federal crimes. We know the ins and outs of assault defense, and have achieved favorable results for our past clients. We take the defense of each assault case seriously, whether it is a simple assault charge or an assault with intent to commit murder charge. Let us help you.
Contact us about your legal matter today! Call us at 1-866-766-5245.
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