Felonious Assault Defense Attorney
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.
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