Defending Felonious Assault Charges in Michigan

Felonious Assault, or Assault with a Dangerous Weapon under MCL 750.82, is one of the most serious accusations a defendant can face in Washtenaw County without an actual injury occurring. Because the statute focuses on the potential for harm rather than the result, prosecutors often overcharge minor altercations as high-level felonies.

The Prosecution’s Burden

To secure a conviction in the 22nd Circuit Court, the prosecutor must prove beyond a reasonable doubt that:

1. An assault occurred (an attempt to cause physical injury or an act that would cause a reasonable person to fear immediate battery).
2. The defendant intended to either cause injury or place the victim in fear of an injury.
3. The defendant had the present ability to commit the battery.
4. The defendant used a dangerous weapon.

Defining the “Dangerous Weapon”

This is often the primary battleground in strategic defense. While firearms and knives are obvious, Michigan courts have ruled that almost any object—a vehicle, a beer bottle, even a flashlight—can be considered a dangerous weapon if used in a manner intended to cause serious injury.

Strategic Defense Protocols

We immediately analyze the case for the following evidentiary failures:

• Lack of Specific Intent: If the “weapon” was handled defensively or accidentally, the felony charge cannot stand.
• Defense of Others: In many Ann Arbor bar or street altercations, our clients were acting reasonably to protect a third party from immediate harm.
• Self-Defense: A perfectly valid justification if you reasonably believed you were in danger of unlawful physical force.
• Evidentiary Exclusion: We challenge the admissibility of weapon evidence if seized through unconstitutional searches or seizures.

If you are under investigation for felonious assault in Washtenaw County, do not wait for the preliminary examination. Early intervention can often lead to a reduction to a misdemeanor or a complete dismissal.