Felony Assault Meaning - Assault can be used for a variety of situations ranging from domestic violence disputes to assault with intent to kill. Assault is usually considered a misdemeanor charge unless it involves a felony assault that produces a dangerous weapon. If you face felony assault in the State of Michigan, you may be looking at some serious consequences including various fines, penalties and even jail time. With over 20 years of experience, Barton Morris Law Offices has handled a variety of criminal defense cases—including criminal assault—helping individuals like you. Read on to learn more about the penalties for criminal assault and how to fight it with your Michigan criminal assault defense attorney.
"Felony assault" in Michigan is defined by law as a criminal offense that describes a violent attack or threat of attack against another individual that intends to cause serious harm to that individual but stops short of death. A more definitive felony assault charge is one where the crime is a combination of assault and battery on another individual committed with the intent to commit another criminal activity (eg, robbery), but also involves a dangerous or deadly weapon.
Felony Assault Meaning
One of the most confusing parts of criminal assault revolves around the use of a dangerous or deadly weapon. In the state of Michigan, even if assault includes firing a weapon or displaying a weapon, it does not require that the weapon must cause harm. Many felony assault charges are based on the fear that the presence of a deadly weapon would threaten a reasonable individual. Also while guns and knives are typically the most common types of weapons used in criminal assault cases, the terms "dangerous" or "deadly" weapons are not limited to those two items in Michigan law. Other types of dangerous or deadly weapons include:
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Unfortunately, there is no one-size-fits-all punishment for assault in the state of Michigan. Many sentences for assault depend heavily on the severity of the injury to the victim, the relationship status (such as domestic relationship) between the defendant and the victim, whether a deadly weapon was used during the assault, the number of prior assault offenses the accused has committed if the accused is in the process of committing another crime (eg robbery), and the extent to which the victim was injured during the attack.
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The Michigan court system takes assault charges seriously. It is important for your case to consult with a top criminal defense attorney to make sure you fully understand the extent of your situation and what you could face if convicted, especially if the assault was committed with a dangerous or deadly weapon.
For a felony assault conviction, prosecutors must prove beyond a reasonable doubt every aspect of the offender's intent and actions. Our highly qualified criminal assault defense attorneys will examine every aspect of your unique circumstances to formulate a defense on your behalf.
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Our team is dedicated to providing you with the highest level of defense service. Barton Morris Law Offices has over 20 years of experience dealing with Michigan courts and working within the confines of the law to help many individuals facing felony assault charges, have their charges reduced or charges dismissed entirely. If you need a Michigan criminal assault attorney, contact our office for a free consultation.
Barton Morris has been a respected and prominent attorney in Michigan for over 20 years. In every area of law he practices, he has excelled at the top of his field always ensuring his clients receive the highest and best level of service available. He is the principal attorney at Barton Morris Law Offices, which consists of a small group of attorneys who all share his vision to improve the lives of his clients with superior service and exemplary results. When it comes to criminal defense, Barton's reputation is stellar. He has taught lawyers across the country as a faculty member of the DUI Defense Lawyers Association and as President of the Michigan OWI Lawyers Association. Barton is the only attorney in Michigan certified by the American Chemical Society as a Forensic Attorney-Scientist. He is also the only criminal defense attorney presented to the Michigan State Police Forensic Division at their annual conference. Barton is also the only criminal defense attorney selected to present to the Michigan State Police Commission on Impaired Driving on the issue of driving under the influence of marijuana. Regarding marijuana, he also knows and respects very well. Barton played a key role in the legalization of adult marijuana use in Michigan with the successful Campaign to Regulate Marijuana Like Alcohol in November 2018 (he was also part of the failed campaign in 2016). Barton is currently appointed chair of the Cannabis Law Section of the State Bar of Michigan and will Chair the section in 2023-2024. He is the founder of the Cannabis Law Group which has been providing specialist legal services to the commercial medicine and AU industry since 2015. Barton has been named a Super Lawyer every year since 2015 and a Top Lawyer by DBusiness Magazine every year. He regularly appears as a guest legal commentator on Fox 2, Let it Rip, WXYZ, NPR and WWJ. He is also frequently interviewed and quoted in the Detroit Free Press, Metro Times and MLive. But despite all his achievements, he believes that the most important is the amazing results that he and his company have and continue to achieve for their clients over the years. If simple assault is a violent act that causes fear of bodily harm to the victim; aggravated assault is a form of aggravated assault involving serious bodily injury. Here is a brief overview of this crime.
According to 2013 Crime Statistics published by the FBI, the arrest rate for aggravated assault in the country that year, was 118.8 per 100,000 residents.
Law can be broadly classified into two parts - civil and criminal. Civil law deals with private torts, which are disputes between private parties. The offense includes a crime or breach of contract, and it affects the person or property of a private individual. In cases of civil wrongdoing, the injured party contacts the court to obtain compensation in the form of damages (compensation).
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Unlike civil offenses, criminal or criminal misdemeanors are actions classified as offenses against the state and prohibited by law. By law, such mistakes threaten public safety and welfare. In the event of a crime, the state will take action against the accused. If the charges against the accused are proven, he is sentenced to prison, fine or even death.
So, most wrongdoings are classified as civil or criminal. However, there are certain actions that can give rise to civil and criminal liability. In other words, some acts are considered civil as well as criminal offences. Assault is an act that can be a civil and criminal offense at the same time. It is defined as an act that causes fear of imminent bodily harm, in another person.
Simple assault involves a threat to cause definite injury, and may include touching the person or causing minor bodily injury to the victim. The main elements include the wrongful and intentional acts of violence by the accused, and the extreme fear generated in the victim by such acts. Such threatening acts are considered assault, and if the act causes bodily harm, it is considered battery. However, this distinction is not accepted in some states, where both of these actions (threatening and causing bodily harm) comprise one offense - assault.
While the government can initiate an action against the accused in criminal court, the victim can file a civil assault case as a plaintiff. The victim has no role in the conduct of the criminal case, as the public attorney is responsible for the case. However, victims can file civil assault cases themselves, without the intervention of the public or the district attorney.
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Offenses called assault are classified into different types in different jurisdictions. It includes simple assault, sexual assault, aggravated assault, etc. As the name suggests, aggravated assault is a serious form of simple assault.
Aggravated assault involves making threats with a deadly weapon, and causing serious bodily injury with or without a deadly weapon. If a person threatens another person with a raised fist, that act can be considered a simple assault. If he points a gun and threatens another person (or shoots a victim), that act is considered aggravated assault. There are certain factors that make a simple attack worse. It includes malicious intent by the attacker, the use of force or a deadly weapon that causes severe and/or serious fear.
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