Assault happens in a variety of forms in different circumstances. What to do if charged with assault with a deadly weapon? Simple assault is a relatively minor offense. There is a fatal kind of assault. Assault with a deadly weapon. Your freedom will be in jeopardy if you are accused of this kind of assault.
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A deadly weapon assault may result in years behind bars. You’re going to prison. The accused will be arraigned. The charges are going to be read. A meeting with the prosecutor is scheduled. You need a strong defense. You must collect proof. In a criminal case, liberty is at risk. Contact a lawyer.
What is assault with a deadly weapon?
What is “felonious assault” in Michigan? It is a crime that refers to a violent attack or threat of an attack on another person. An attack intended to cause that person great injury but ends just short of death. It is a felony assault charge. It arises when a victim was subjected to both an attack and a battery. It is committed with intent to conduct another felony such as robbery. It is committed using a potentially lethal weapon.
In Michigan, assault is defined as an effort to physically harm another person. You do it by making an unsuccessful hand or object strike. Assault is any purposeful act or threat of action. The assailant demonstrates the ability to carry out the threat. It reasonably leads a person to believe that he is about to be struck or hurt. Assault can refer to either an assault or an assault and battery. The crime of battery involves an actual physical attack rather than just a threat or attempt.
Assault can be performed with the intent to kill and seriously injure. It can be done while committing another offense like kidnapping or robbery. It is considered a felony assault. Felony assault is punished with up to life in prison. Especially when committed with a deadly weapon. It is so if carried out with a gun. And, done with the intent to rob or steal from another person,
What constitutes assault with a deadly weapon? Felonious assault or assault with a dangerous weapon is an assault perpetrated with:
[ 1 ] a weapon capable of causing severe harm; and
[ 2 ] the desire to harm the victim or make them fear an impending attack or harm.
Using an object as a weapon and in a way that can seriously injure someone qualifies as a deadly weapon. It can be a gun, knife, or brass knuckles. It is a weapon due to its inherent risk. These objects can be used in ways that are meant to inflict severe harm. Objects like broomsticks, aerosol spray cans, and dogs can all be lethal weapons.
What are the penalties for felonious assault?
You assaulted someone with a deadly weapon. The punishment is four years in prison maximum. Penalized with a fine of $2,000 maximum, or both.
You attack someone on school property. Or, in school vehicles used to transport children. The incarceration is up to four years. Pay a fine of up to $6,000. Serve 150 hours of community service or any combination of these three penalties.
You commit a crime using a firearm. It’s a felonious assault. Get two years maximum sentence in prison for the first conviction. Take a maximum of five years for the second conviction, and for the third, a maximum of ten years. The sentence comes after any other prison time for the underlying crime. The sentence for assault with a deadly weapon is followed by the sentence for the felony. The defendant is not qualified for probation or parole. This sentence cannot be suspended either.
You commit the offense of assault with the intent to rob or steal from the victim like a mugging. The attacker wielded a dangerous weapon. The attacker used an instrument created or used to look like a dangerous weapon, such as a toy gun. This is a felonious assault punishable by any prison term up to a life sentence.
Michigan courts can permit a criminal to serve all or a part of a prison term on probation. A person on probation must attend regular meetings with a probation officer. Adhere to any requirements specified by the court. These requirements include refraining from other arrests or convictions. Going to counseling, or doing community service. You violate a probationary requirement, you get arrested, and re-sentenced. You can be ordered to serve the full amount of your original sentence in prison. Serve your sentence with no credit for any time spent on probation.
You are guilty of assault or battery. You can be compelled to pay restitution. It entails compensating the victim for any costs associated with your criminal act. It can be the cost of counseling or medical care.
What do you do if charged with felonious assault?
Call an attorney. An attorney can look into your situation. Assess whether you were falsely accused. Whether there are other grounds for dismissing the case before trial.
There are several things to consider in your defense against a felonious assault charge.
There was no assault.
A dispute occurs and someone happens to be in possession of a gun or similar “weapon.” It does not necessarily follow that a felony attack has taken place. Consider a situation where two hunters are fighting while brandishing weapons. Neither of them uses their weapons to convince the other that he would soon be attacked with the rifles. There is no felony assault.
There was no intent.
The defendant did not intend to attack. A jury can only assess someone’s intent based on circumstantial evidence. The defendant must have intended to harm the complainant. The defendant caused him to reasonably fear an immediate attack.
Self-defense.
A person can use reasonable force in self-defense. It is a person’s right. Especially against a perceived, immediate threat. Using a weapon to defend yourself may be acceptable. You were attacked. You thought you were being attacked. The defendant’s claim of self-defense must be supported. The defendant has an honest and reasonable belief that using the firearm was needed to stop the alleged threat. Even if the defendant turned out to be mistaken. It doesn’t matter as long as their opinion was sincere and reasonable.
No weapon was present.
It’s possible that the putative victim is fabricating the existence of a weapon. The prosecution is making a false allegation about a dangerous weapon. Weapons in and of themselves include things like guns and brass knuckles. Certain items are made with the intention of being used peacefully. They become lethal weapons only when they are used in the wrong way. A car used in road rage for example. A kitchen knife is used in a way resulting in serious physical harm or death.
The accusations are not dropped. A lawyer can work out a deal with the prosecution on your behalf. The objective is to reduce the charges. You can be falsely charged or there are no acceptable plea deals.
Your attorney can put together a case for you and represent you in court. The defendant will frequently be allowed to enter a plea deal to a lesser-involved felony. This can happen once the prosecution negotiates with your attorney. The prosecution can consent to a lesser punishment. The prosecution can go for probation, in exchange for a guilty plea to the charge.
A felony conviction can significantly impact your life. A person convicted of a crime is no longer eligible to vote. You can’t hold public office or take part on a jury. You can’t carry or own guns. A criminal conviction can also result in the loss of a professional license. A felon may receive a heavier sentence in the new case. Especially if found guilty of a different crime due to prior convictions. A felony record can impair your chances of looking for work or even renting a house or apartment.
Find a good attorney on your side. Get good representation as soon as possible if you think the charges will be criminal in nature or a felony.
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