What is Felonious Assault in Michigan?
Felonious assault is a serious crime in Michigan that involves intentionally causing harm or threatening to cause harm to another person. In this article, we will delve into the definition, penalties, and consequences of felonious assault in Michigan.
What is Felonious Assault?
Felonious assault is a type of assault that is punishable as a felony. Under Michigan law, a person commits felonious assault when they intentionally or knowingly cause serious physical harm or the threat of serious physical harm to another person [1]. This crime can be committed through physical violence, threats, or the use of a weapon.
Types of Felonious Assault
There are two types of felonious assault in Michigan:
- Felonious assault with intent to murder: This type of assault is committed when a person intends to kill another person, but the victim does not die as a result.
- Felonious assault with intent to maim: This type of assault is committed when a person intends to cause serious and permanent physical harm to another person.
Elements of Felonious Assault
To prove felonious assault, the prosecution must establish the following elements:
- Intent: The accused must have intended to cause harm or threaten to cause harm to the victim.
- Knowledge: The accused must have known that their actions would cause harm to the victim.
- Physical harm: The accused must have caused or threatened to cause serious physical harm to the victim.
Penalties for Felonious Assault
Felonious assault is a felony offense in Michigan, and the penalties are severe. The penalties for felonious assault include:
- Prison time: 4 to 15 years
- Fine: Up to $15,000
- Mandatory minimum sentence: 4 years for a first-time offender
Consequences of Felonious Assault
In addition to the criminal penalties, felonious assault can have severe consequences for the accused. These consequences include:
- Criminal record: A felony conviction for felonious assault can lead to a permanent criminal record.
- Loss of rights: A felony conviction can result in the loss of certain rights, such as the right to own a firearm.
- Employment and education: A felony conviction can make it difficult to find employment or continue education.
Defenses to Felonious Assault
There are several defenses that may be available to someone charged with felonious assault. These defenses include:
- Self-defense: The accused may claim that they acted in self-defense to protect themselves or someone else from harm.
- Defense of others: The accused may claim that they acted to protect someone else from harm.
- Mistake of fact: The accused may claim that they did not intend to cause harm or that they did not know that their actions would cause harm.
Felonious Assault vs. Aggravated Assault
Felonious assault is often confused with aggravated assault, but there are significant differences between the two crimes. The key difference is that felonious assault requires intent to cause serious physical harm, while aggravated assault requires the use of a weapon or the infliction of serious physical harm [2].
Conclusion
Felonious assault is a serious crime in Michigan that carries severe penalties and consequences. If you are charged with felonious assault, it is essential to seek the advice of an experienced criminal defense attorney. With the right legal representation, it may be possible to mitigate the consequences of a felonious assault charge.
Table: Felonious Assault vs. Aggravated Assault
| Felonious Assault | Aggravated Assault | |
|---|---|---|
| Intent | Intent to cause serious physical harm | No intent required |
| Use of weapon | No requirement | Required |
| Serious physical harm | Serious physical harm or threat of serious physical harm | Infliction of serious physical harm |
| Penalties | 4 to 15 years in prison, fine up to $15,000 | 1 to 10 years in prison, fine up to $10,000 |
References
[1] Michigan Penal Code, Section 750.82 [2] Michigan Penal Code, Section 750.83