What is Felonious Assault in Michigan?

What is Felonious Assault in Michigan?

In Michigan, felonious assault is a serious criminal offense involving assaulting another person with a dangerous weapon. If you’re facing these charges, it’s crucial that you work with an experienced criminal defense attorney, as felonious assault can lead to years in prison and a fine.

Michigan’s Definition of Felonious Assault

Michigan law defines felonious assault as “assaulting another person with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon without intending to commit murder or to inflict great bodily harm less than murder.”

For a felonious assault charge, you do not have to use the weapon to actually cause harm to the alleged victim. Simply threatening someone with a dangerous weapon in a way that causes them to fear harm can be enough to face charges. It’s also important to remember that felonious assault is a felony charge, which carries steeper penalties than misdemeanors, and a conviction could impact your rights.

Examples of Felonious Assault

Felonious assault charges can arise from various situations, including:

  • Pointing a firearm at someone during an argument, even if the gun isn’t loaded
  • Swinging a bat or other blunt weapon at someone in a threatening manner
  • Brandishing a knife or other weapon during a domestic altercation

Penalties for Felonious Assault in Michigan

For a first offense, the penalty for felonious assault is up to four years in prison and a fine of up to $2,000. If the alleged victim is a health professional or medical volunteer who was engaging in their duties at the time of the assault and the alleged assailant was not receiving treatment, the maximum fine increases to $4,000.

If the alleged felonious assault occurred in a weapon-free school zone, the maximum fine increases to $6,000, and up to 150 hours of community service can be added to the sentence. The penalties for a felonious assault may also be increased if you have a prior felony conviction.

It’s important to take violent felony charges seriously, as not only can they result in prison time and fines but also the loss of your gun rights and a permanent criminal record that can affect your ability to secure education, employment, and housing.

Defenses Against Felonious Assault Charges

There are several defenses you may be able to use against felonious assault charges in Michigan. Some of the most common include:

  • You acted in self-defense or defense of others at immediate risk of harm.
  • You lacked the intent to threaten or harm the alleged victim.
  • You are the victim of false accusations or mistaken identity.
  • There was no dangerous weapon involved in the altercation.

Every case is unique, and the best defense strategy depends on the specific circumstances of your case and the evidence your attorney can gather.

Contact Our Michigan Criminal Defense Lawyer

If you have been charged with felonious assault in Michigan, contact the Law Office of John Freeman for a free consultation about your case. Attorney John Freeman has more than 30 years of criminal law experience and is a former federal and state prosecutor who will use his legal knowledge to aggressively defend your rights.