Assaultive Offenses

Domestic Violence

Domestic violence is a serious crime which entails a potential jail term as well as monetary fines. Domestic violence occurs when two people are involved in a domestic relationship, and one of the people in the domestic relationship uses physical, sexual, and emotional abuse against the other causing the other to fear him/her or restricting the other’s freedom. A domestic relationship exists between two people in the following circumstances: spouse or former spouse, dating relationship or former dating relationship, child in common, or a resident or former resident of the same household.

Because the victims in domestic violence cases are almost always a person with whom the defendant has a relationship with, it is common that the victim want to drop the charges and not pursue prosecution. Defendant’s are often suprized to find out that prosecutors and police will not easily dismiss a case just because the victim said so. If they did, potentially dangerous people and habitual offenders may never be prosecuted. Also, people in relationships can be manipulated and coerced into dismissing the case.

It is critically important to have a good trial lawyer to defend against a domestic violence charge. If a prosecutor knows the defense attoney is not afraid to try the case and win the best deals are often offered.

Often times there are very good self defense arguments. Defense of others must also be considered. Other Assaultive Defenses include . . . Click Here

Remember, the prosecutor must prove each and every element of an offense beyond all doubt that is reasonable to secure a conviction. If it is shown they cannot, a defendant is entitled to a verdict of not guilty which means not proven.

If you have been charged with a Domestic Violence in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600. Recently voted Top Attorney in Metro Detroit for 2012 and 2013 in Criminal Defense.

Assault and/or Battery

Assault and/or Battery is a misdemeanor offense that alleges that a defendant unlawfully touched another person without their permission. The touching could include throwing an object at the victim. The battery is the actual touching. An assault is placing someone in immediate fear of a battery. For example, if I threw a rock at Tom and Tom believed the rock was going to hit and hurt him, thereby being an unwanted touching, even if the rock missed, I am guilty of the assault. If the rock touched Tom, I am guilty of the assault and battery.

Effective defenses include exposing the lack of proof that the victim was placed in fear, the touching was not unwanted, or self defense.  Other Assaultive Defenses include . . . Click Here

Remember, the prosecutor must prove each and every element of an offense beyond all doubt that is reasonable to secure a conviction. If it is shown they cannot, a defendant is entitled to a verdict of not guilty which means not proven.

If you have been charged with assault and battery in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600. Recently voted Top Attorney in Metro Detroit for 2012 and 2013 in Criminal Defense.

Felonious Assault

Felonious Assault, also called assault with a dangerous weapon, occurs when you assault another person with a gun, knife, brass knuckles, or some other weapon that has the potential of causing serious physical injury or death.  The term “assault” means that you placed someone in immediately fear of a battery.  Therefore, simply pointing a gun at someone, in a manner that makes them think that they may be shot, satisfies the definition of a felonious assault.

Proving Felonious Assault

Remember, the prosecutor must prove each and every element of felonious assault beyond a reasonable doubt to obtain a conviction.  There are four elements to felonious assault that the prosecutor must prove:

(1)   You must have either attempted to commit a battery or did something that would cause a reasonable person to fear an immediate battery.

(2)   You intended to either injure another person or make another person fear that you were going to.

(3)   You had the ability to commit a battery, you appeared to have the ability to commit a battery, or you thought you had the ability to commit a battery.

(4)   You committed the assault while using a dangerous weapon.

Felonious Assault Penalties

If convicted of felonious assault, you will be facing a 4-year felony, fines up to $6,000, and up to 150 hours of community service.  It is for this reason that hiring an experienced felonious assault defense attorney is imperative.

Other Assaultive Defenses include: assault and battery, assault with the intent to commit great bodily harm less than murder, and domestic violence.

If you have been charged with felonious assault in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy, Rochester Hills, Farmington Hills or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600. Barton Morris was recently voted Top Attorney in Metro Detroit for 2012 and 2013 in Criminal Defense.

Assault with the Intent to Commit GBH less than murder

Assault with intent to commit great bodily harm (GBH) less than murder is a felony. The prosecutor must prove the following beyond a reasonable doubt: the defendant attempted to physically injure another person; at the time, the defendant had the ability to cause the injury (or the plaintiff believed the defendant had that ability), and the defendant intended to cause great bodily harm; actual harm is not necessary to prove this offense.

A great bodily harm injury is one that caused impairment of a body function or internal injury, serious burns or severe cuts, poisoning, or multiple puncture wounds. This form of assault can result in up to 10 years in prison and a 5,000 fine. There are a number of possible defenses to Assault with the intent to do GBH, including: self defense/protection or defense of others, consent, accident, lack of intent, and reasonable doubt.  Other Assaultive Defenses include . . . Click Here

If you have been charged with an Assault GBH crime in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy, Rochester Hills, Farmington Hills or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600. Recently voted Top Attorney in Metro Detroit for 2012 and 2013 in Criminal Defense.

Assault with the Intent to Commit Murder

Assault with the intent to commit murder, also known as attempted murder, is a felony and is punishable by up to life in prison. Assault with intent to commit murder requires the prosecutor to prove beyond a reasonable doubt that you intended to kill another person.

Some of the defenses to Assault with the intent to Commit Murder is self defense, defense of others, insanity, etc. The charge of assault with the intent to commit murder may be reduced to Assault with the intent to cause GBH less than murder if the facts can support such a lesser charge.  Other Assaultive Defenses include . . . Click Here

If you have been charged with a theft crime in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy, Rochester Hills, Farmington Hills or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600. Recently voted Top Attorney in Metro Detroit for 2012 and 2013 in Criminal Defense.

Felony Murder

A person will be charged with felony murder if the murder occurs during the course or attempted course of a specified felony offense. A person can be charged with felony murder if he was the person who actually committed the felony from which a death occurred or if he aided and abetted in the commission of the felony. The prosecutor must prove the following in felony murder charge: the defendant caused the death, the defendant intended or kill, cause great bodily harm, or knowingly created a situation when the risk of death or great bodily harm was highly likely as a result; when the death occurred, the defendant was committing or attempting to commit a specified felony, and the killing was not justified, excused, or done under circumstances that would qualify for a lessor crime.

When considering felony murder, juries will look at the length of time between the commission of the felony and the murder, whether there was a casual connection between the murder and the felony, and whether the murder occurred during an attempted escape. The most effective defense against a felony murder, is to defend against the underlying felony. If the defendant is found innocent of the underlying felony, he cannot be charged with felony murder.

Barton Morris has successfully defended persons charged with murder in state and federal court (Murder of a Federal Witness). Only an accomplished trial attorney can effectively defend such serious charges.

If you have been charged with a murder case in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy, Rochester Hills, Farmington Hills or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600. Recently voted Top Attorney in Metro Detroit for 2012 and 2013 in Criminal Defense.

Aggravated Stalking

Stalking is willful and continuing harassment of another person, which causes a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested. Stalking becomes aggravated stalking where at least one of the defendant’s acts is in violation of a court order, the defendant has been previously convicted of stalking, the defendant threatens to kill or physically harm the victim or a member of the victim’s family, or the victim is less than 18 years old at time of the stalking and the defendant is at least 5 years older than the victim. Aggravated stalking is punishable by up to 5 years in prison and/or a fine of up to $10,000 dollars; or 5 years to lifetime probation.

If you have been charged with a stalking crime in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy, Rochester Hills, Farmington Hills or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600. Recently voted Top Attorney in Metro Detroit for 2012 and 2013 in Criminal Defense.

Unlawful Internet Posting

Unlawful internet posting occurs where the defendant posts a message without the consent of another person. Unlawful internet posting carries a felony punishment of not more than 2 years imprisonment and/or a fine of up to $10,000. The punishment increases if the message is posted in violation of a court order or the posting causes a credible threat to the victim or victim’s family.

There are effective defenses to these cases. The prosecution has to prove that the internet posting would have caused a person to receive two or more unconsented contacts. What if the victim would have consented to the contact? Prosecution must prove the accussed had knowledge that the victim would not have wanted these contacts. In some cases, they do consent to some types of contact. These case facts and defenses vary individually. It is important that the attorney be creative with possible defenses.

These cases are also commonly prosecuted along with aggravated stalking cases.

If you have been charged with an internet crime in the Oakland, Wayne or Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy, Rochester Hills, Farmington Hills or any surrounding area and want the best defense, call Michigan Criminal Attorney Barton Morris at (248) 541-2600. Recently voted Top Attorney in Metro Detroit for 2012 and 2013 in Criminal Defense.

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