If law enforcement has arrested you for assault, the circumstances of the alleged offense may lead to felony assault charges. Felony assault cases can involve much more severe punishment for a conviction, making legal representation critical for defendants facing prosecution for felony assault. A criminal defense attorney can help you understand your charges when the police arrest you for felony assault in Michigan.
What Constitutes Felony Assault?
In Michigan, the crime of felonious assault occurs when a person assaults another individual with a gun, knife, or another dangerous weapon, without intending to commit murder or inflict severe injury less than murder.
A person may also face a felony assault charge in Michigan if they commit domestic assault or assault a pregnant woman while having two or more prior convictions for domestic assault or assault of a pregnant woman.
Felony assault in Michigan may also include the crimes of assault with intent to commit murder, assault with intent to do great bodily harm less than murder, or assault by strangulation or suffocation.
Penalties and Consequences of Felony Assault
A conviction for felony assault in Michigan can result in various penalties, depending on the specific offense charged. For example, a conviction for felonious assault imposes a penalty of up to four years in prison, a fine of up to $2,000, or both imprisonment and a fine. However, the maximum fine can increase to $4,000 if an offense occurs against a healthcare professional or medical volunteer acting in the course of their duties. A sentence can also impose a fine of up to $6,000 and up to 150 hours of community service for an offense that occurs in a weapon-free school zone.
A felony grading of a simple assault charge for committing an assault with two or more prior convictions can impose a penalty of up to five years in prison, a fine of up to $5,000, or both imprisonment and a fine.
An assault with intent to murder conviction carries a penalty of imprisonment for any number of years or for life. A conviction for assault with intent to do great bodily harm less than murder or assault by strangulation/suffocation can impose a penalty of up to 10 years in prison, a fine of up to $5,000, or both imprisonment and a fine.
Defenses to Felony Assault Charges
Defendants facing felony assault charges may pursue various defense strategies to fight the prosecution’s case, such as:
- Lack of Intent – A defendant may assert that they did not act with the criminal intent required by the charged offense, including not acting with an intent to murder or cause severe injury.
- Self-Defense or Defense of Others – People charged with felony assault may claim they acted in self-defense or defense of others in response to the alleged victim’s instigation of a violent confrontation.
- False Accusation – A defendant may assert that an alleged victim has fabricated their allegations.
- Mistaken Identity – Defendants may challenge the reliability of a victim’s or eyewitness’s identification of the defendant as the perpetrator of the assault.
- Alibi – A defendant may claim they did not commit the assault and present evidence to prove they were elsewhere when the crime allegedly occurred.
- Unlawfully Obtained Evidence or Statements – A defendant may argue that police obtained evidence or inculpatory statements from the defendant through an unlawful search or an interrogation that violated the defendant’s rights.
Contact a Criminal Defense Attorney Today
Following an arrest for assault, an experienced lawyer can help you prepare and pursue a tailored defense strategy. Contact DeBruin Law, PLLC, today for a free, confidential consultation with a criminal defense attorney to learn more about felony assault charges in Michigan and to discuss how experienced legal counsel can pursue a favorable resolution to your felony assault case.