The Four Elements of Felonious Assault That The Prosecutor Must Prove

“Felonious assault” is a term for a criminal crime describing a violent attack or threat of an attack on another individual. Felonious assault causes extreme harm to an individual but stops just short of death, therefore felony assault cases are taken very seriously by the courts. With over 20 years of experience, the felony assault defense attorneys at The Law Offices of Barton Morris have seen many felony assault cases go to trial creating the need for a solid defense attorney. Keep reading to learn more about the four elements that a prosecutor must prove during trial for a felony assault charge to be brought against an individual, or if you need a felony assault defense attorney in Michigan reach out to our law offices for a free consultation.

Attempted To Commit Assault

There are many different categories of assault charges, and while every criminal case is unique, a prosecutor has four unique elements that they must prove in court when dealing with a felonious assault case. The first element that a prosecutor must prove is that the defendant attempted to commit an assault or performed an action that would cause any reasonable person to fear immediate assault.

Intent To Hurt

The second element for a crime to be considered felony assault is for the prosecutor to prove the defendant intended to hurt the other person or made them reasonably fear immediate physical harm. An example of this would be if the defendant pointed a gun at another person

Attempted Assault

The third element the prosecutor must prove through evidence and testimony is that the defendant was able to commit the assault, appeared to be able to commit the assault, or thought he was able to commit assault.

Assault With A Dangerous Weapon

The fourth element that must be proven through the court for a felony assault charge is that the assault was committed with a dangerous weapon.

Preparing your defense for a felony assault requires the right attorney for your unique situation. At The Law Offices of Barton Morris, our felony defense attorneys will work with you to help you understand your charges and form a viable defense. Many viable defenses can be used to your advantage including:

• • Self-defense
  • Defense of others
  • Defense of property
  • Consent
  • Duress
  • Necessity
  • Lack of mental state

Your felony assault defense attorney will go over the unique circumstances of your individual case and put together a strong defense in your favor. With over 20 years of experience, our defense team is skilled in producing desired client results due to their knowledge and respect throughout the Michigan law community. If you are looking for a felony assault defense attorney in Michigan, our team is highly knowledgeable and experienced. Call us today for a free consultation!