Michigan Felonious Assault Charge: Will I Fight It At Trial?

Michigan Felonious Assault Charge? Michigan Assault Lawyer Brian J. Prain Gives a Quick Guide to Decide Whether Trial is a Realistic Option for You...

Facing a Michigan Felonious Assault charge? Whether the accusations against you are false or not, everyone facing a Michigan Felonious Assault charge must eventually decide whether or not to exercise their Constitutional right to have a Trial. Being charged under the Michigan Felonious Assault law, MCL 750.82, also known as Assault With a Dangerous Weapon, means that you will face a fork in the road: take a Plea or go to Trial. So...what factors make a case "triable?"

First, you must know what the personal risk is to you if you are convicted of a Michigan Felonious Assault crime. Even in the best case where you are clearly falsely accused of Felonious Assault (Assault With a Dangerous Weapon), there is always a slight chance of a wrongful conviction. Why? Here are a few possible reasons: Judges who are pro-prosecution; Judges who make bad evidence rulings denying you substantial parts of your defense; lying witnesses; unethical prosecutors; and last but not least, unprepared or unconcerned defense lawyers.

Michigan Felonious Assault carries a maximum penalty of up to 4 years in Prison for a first time offender. However, your possible Michigan Felonious Assault sentence is a matter of your overall Sentencing Guidelines, which take into account your criminal record, the facts of the case, and whether you are being charged as an Habitual Offender - in which case you can serve more than 4 years. You could have the best case with the best facts, the best Michigan Felonious Assault Defense Lawyer, a convicted liar as your accuser, and two eyewitnesses in your defense... but when y0u have a family to feed... and find your case before a Judge who is very pro-prosecution (clueless about the Michigan Felonious Assault law, MCL 750.82, and Michigan Rules of Evidence); and/or you have 4th Habitual Guidelines that would subject you to a long prison term if found guilty, the worst possible outcome may make Trial unrealistic. Every Trial decision is a personal decision that you must make alongside your Criminal Defense Attorney.

To help, get an experienced and aggressive Michigan Felonious Assault lawyer who can get your complete criminal history through the Prosecution or State Police ICHAT and score your Sentencing Guidelines accurately from the start, as well as identify which scoring variables can be attacked to lessen your overall possible Sentence. Typically, many Criminal Defense Lawyers wait until Trial or Sentencing to score the Guidelines. In reality, they should be scored IMMEDIATELY! How can you decide how to face your Michigan Felonious Assault charge if you don't even know what the possible outcomes are? Easy answer - you CAN'T.

Next, assuming all possible outcomes are manageable, you and your attorney will need to decide "how strong is the government's case against us...really?" This question should never be answered in terms of how you or the attorney "feel" about the case (a common mistake when facing a charge like Michigan Felonious Assault). Rather, it should be decided based on the Michigan Felonious Assault law, MCL 750.82, and more importantly, the standard Michigan Criminal Jury Instruction on Felonious Assault (including the Instructions for any defenses or any Special Instructions to help jurors understand how to properly apply the law and find you NOT GUILTY). Every crime is made up of parts called "elements," and the Prosecutor must prove each element beyond a reasonable doubt. Click this link for our article on the elements of a Michigan Felonious Assault (Assault With a Dangerous Weapon) charge. If your defense strategy is not designed to attack some or all of these elements, you risk being convicted of Felonious Assault.

Also, you must consider how the Michigan Rules of Evidence will affect your Trial. For example, perhaps you are absolutely, 100% falsely accused of the Michigan Felonious Assault. However, you and your accuser are the only witnesses to the actual incident where he claims you pulled a gun or knife on him and also claims you said "This isn't a threat, it's a promise!" If your accuser happens to have been arrested twice just last year for major corporate Embezzlement but was never convicted, while you were unfortunately convicted of Retail Fraud almost a decade ago, you have a potential problem. If you testify as the only witness who can explain your side of the story, under Michigan Rule of Evidence 609, the jurors will hear about your petty Retail Fraud, but not his Embezzlement. Not only does this severely impact your decision to testify, but whether Trial is a good idea overall. ON THE OTHER HAND...

if we flip the facts around where you have the Embezzlement and he has the Retail Fraud, you would increase your chances of winning at your Michigan Felonious Assault Trial - perhaps without even having to take the stand and testify yourself! Wouldn't it be great to be found NOT GUILTY and never have to take the stand? We can explain how this works. A good Michigan Felonious Assault lawyer can help predict when this is possible where others can't.

At Prain Law, PLLC, your Michigan Felonious Assault lawyer, we begin by giving every client a copy of the Michigan Felonious Assault law, MCL 750.82, as well as the Felonious Assault Jury Instruction - so you know the exact version of the law the jurors will take to the jury room to deliberate. That is just the beginning of making a huge difference in the outcome of your case. Still reading? Call Prain Law, PLLC right now, toll-free, at (248) 731-4543 and see how we can solve your problems. Or, fill out the Contact Form below to communicate via email


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Prain Law, PLLC is focused only on the types charges featured on our website. This helps us deliver the decisive, effective advocacy for which our clients know us. We only serve individuals currently under investigation or who have a current case pending in court. Our firm does not represent injury victims, defendants who have already taken a plea or have been sentenced, or those seeking to expunge a criminal record. We do not respond to anyone who is not involved in a pending investigation or who has a court case for a type of charge we do not handle, but we wish you the very best of luck.