Assault with a Dangerous Weapon Defense Attorney
If you face felonious assault accusations, you can expect the prosecution to come after you with everything they can. It would be best if you had a team of defense lawyers who will stand up and protect you in and out of court.
What is felonious assault? Is it the same as assault with a dangerous weapon?
Felonious assault and assault with a dangerous weapon are the same offense. In Michigan, it is a felony if a person is assaulted with a gun, knife, iron bar, club, brass knuckles, or another dangerous weapon, even if there is no intent to commit murder or inflict great bodily harm. An experienced felonious assault defense attorney is in the best position to protect and defend you.
If a defendant has no prior felony convictions, the maximum possible punishment for felonious assault is 4 years in prison and up to 5 years on probation.
Defenses to Felonious Assault in Michigan
There are many ways a skilled defense lawyer can defend against a charge of felonious assault or assault with a dangerous weapon. Here are just a few examples.
There was no weapon – It may be that an alleged victim is lying about the presence of a weapon, or the prosecution is claiming something is a dangerous weapon when it is not. Some items are weapons per se, like guns and brass knuckles. Some items are created with a peaceful purpose and only become dangerous weapons depending on how they are used, like a car (road rage), kitchen knife, or other item used in such a way as it is likely to cause serious physical injury or death. How an object is used or intended to be used in an assault determines whether it is a dangerous weapon. Convincing a jury that an item is not a weapon is where a skilled felonious assault defense attorney becomes critical.
There was no assault – Just because there is a confrontation and someone is in possession of a gun or other type of “weapon” does not mean there is a felonious assault. For example, suppose an argument occurs between two hunters holding rifles. In that case, there is no felonious assault unless one of them uses his gun to make the other person believe the rifles will be used imminently against him.
There was no intent – For there to be a felonious assault, the defendant must have intended to injure the complainant or make him reasonably fear an immediate battery (offensive touching). Because a jury can only determine a person’s intent by circumstantial evidence, a primary defense in these cases is that the defendant did not intend to commit an assault. A skilled and experienced felonious assault defense attorney can differentiate between a conviction and prison time or an acquittal.
Self Defense – A person in Michigan is entitled to use reasonable force to defend against a perceived, imminent threat. If someone was assaulting you or you believed you were assaulted, using a weapon to defend yourself may be legally defensible. To be successful with a self-defense argument, the defendant must honestly and reasonably believe that the weapon’s use was necessary to prevent the perceived threat. It does not matter if the defendant was wrong, as long as the belief was honest and reasonable.
Successful Defense to Felonious Defense Charges
The team of defense attorneys with LEWIS & DICKSTEIN, P.L.L.C. has a proven track record of successfully defending felonious assault charges in Michigan. Using a proactive and aggressive defense strategy, coupled with the collaborative effort of multiple lawyers with decades of experience, has consistently proven to be highly effective in achieving dismissals, acquittals, extraordinary plea bargains, and sentences without jail.
Some of our qualifications include:
- Avvo – 10.0 Superb (Highest Possible Rating)
- Thompson-Reuters – SuperLawyer
- Martindale-Hubbell – AV Preeminent (Highest Possible Rating)
- NAFDD – Nationally Ranked Superior DUI Attorney
- dBusiness Top Lawyers – White Collar Crime
- Top Attorneys in Michigan – Published in the New York Times
- American Jurisprudence Award
- Client Distinction Award
- Top Attorney in Michigan – Published in Crain’s Detroit Business
- Lead Counsel Rated
- America’s Most Honored Professionals
- America’s Top 100 Criminal Defense Attorneys
Call LEWIS & DICKSTEIN, P.L.L.C. Today for a Free Consultation
If you are charged with or suspected of committing a felonious assault, an assault with a dangerous weapon, or any assault in Michigan, call LEWIS & DICKSTEIN, P.L.L.C. today for a free consultation. Our team will mobilize to fight for the best outcome possible. If you are seeking a lenient resolution, we will do everything possible to make that happen. On the other hand, if you are not guilty or the evidence is weak, we can demand a dismissal or take the case to trial and seek an acquittal. When your life, liberty, and family are on the line, you want our effective but affordable attorneys by your side.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
