Felonious Assault in Michigan: Charges, Penalties & Defense

Michigan felonious assault attorney, David J. Kramer

Are you or is a loved one facing charges for felonious assault in Michigan?

If you can believe it, a 10-year-old student was charged with felonious assault this summer in Canton, Michigan.

That’s right. A sentence that calls to mind threatening someone with a gun was applied to a kid in school playing dodge ball.

We can’t know from this brief news story what actually happened. We do know that prosecutor Kym Worthy felt the charges could stick.

However, the prosecutor’s office dropped the charges in favor of allowing the school the families work out the issue outside of the criminal justice system.

In this case, the weapon involved was a ball soft enough to play a kid’s game. It is true that the allegations involve another child getting hit after the game was over and that the child suffered a concussion.

But the story serves to show what a wide array of circumstances can come under the charge of “assault with a deadly weapon.”

Could You Be in Danger of a Felonious Assault Charge?

This isn’t the only crazy felonious assault news story coming out of Detroit recently.

Twenty-six-year-old Siwatu-Salama Ra, of Detroit, recently had her felony assault conviction overturned in a Michigan Appeals Court.

Her alleged crime was brandishing a registered, unloaded gun in an attempt to defend her young daughter and her mother from a woman who was trying to hit them with her car.

Ra is out of prison, but not before she was forced to give birth to her second child in prison.

What’s going on here?

We do not know all of the details of these cases. However, I can tell you that prosecutors are aggressive.

In Ra’s case, because she wasn’t guilty and wouldn’t plead guilty to a lesser charge, a jury found her guilty.

Prosecutors charged her with this grave crime because that is what they always do. The idea is to get a conviction, and most people will plead to a lesser offense when they get scared with a big charge like felony assault.

The truth is if you touch someone, you could be charged with assault.

If you have a weapon or something that could be construed as a weapon, you could end up facing a felonious assault charge.

Penalties in Michigan for Felonious Assault

According to Michigan Penal Code Section 750.82, felonious assault is the assault of another person with any of the following “without intending to commit murder or to inflict great bodily harm less than murder.”

  • gun,
  • revolver,
  • pistol,
  • knife,
  • iron bar,
  • club,
  • brass knuckles,
  • or other dangerous weapon

If you are found guilty, you could be sentenced to up to

  • 4 years in prison and $2,000 in fines, or both.

Felonious assault is considered a felony.

If it happened on school grounds, the penalties could be one or more of the following up to:

  • 4 years in prison
  • $6,000 in fines
  • and 150 hours of community service

How I Deal With Felony Assault Charges

Not every felony assault charge is as bogus as the two I named above in the news.

Maybe you had a weapon, and you threatened someone. Should your whole life be ruined because of that mistake?

I will work hard to uncover every aspect of your case, not just the police report.

In fact, I will investigate any possible police misconduct or mistakes the prosecutor made in your case. These are the kinds of things which lead to wrongful convictions.

If you are under investigation for felonious assault, please call and talk to me immediately.

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Police and prosecutors are working to obtain a conviction. That is their primary goal.

The kid in the story above was lucky because he was young.

Siwatu-Salama Ra was also relatively fortunate to have her conviction overturned. People like her are wrongfully or too harshly punished every day.

My goal is to be as aggressive as the prosecution to obtain the best possible result in your case.

Your Defense: Experienced Felonious Assault Attorney in Michigan

Don’t let a harsh felonious assault charge ruin your life. You will need an experienced attorney to help unravel the intricacies of the court system and fight diligently for your freedom.

Call today for a free consultation and allow me to begin working for you.

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