Assault with Intent to Commit a Felony Criminal Defense Attorney in Michigan

Michigan Laws & Penalties for Assault with Intent to Commit a Felony

Under the Michigan assault law, an “assault” is nothing more than an unsuccessful attempt to touch someone in a harmful or offensive way, or an action which makes a person believe you are going to touch them in such way. No actual touching is required. Even unsuccessfully attempting to hug or kiss someone can meet Michigan’s definition of assault.

Assault with intent to commit a felony is an extremely harsh crime, one which will result in serious consequences if you are convicted of such. Be mindful: if you are facing assault with intent to commit a felony charge, you are facing the possibility of serious prison time, rather than the standard maximum of 93 days in county jail simple assault, simply because of a distinct legal technicality which pales in comparison to the difference in the punishment you face.

Under Michigan law, the general crime of assault with intent to commit a felony means you face up to 10 years in state prison and as much as $5,000.00 in fines, with even more time possible if the prosecutor happens to be charging you as a Habitual Offender.

Michigan law has also earmarked certain felonies for special treatment with specific statues, including even harsher potential punishment, here are a few examples:

• Assault with intent to commit armed robbery - LIFE in state prison
• Assault with intent to commit unarmed robbery - 15 years in state prison
• Assault with intent to commit sexual penetration - 10 years in state prison
• Assault with intent to commit sexual contact - 5 years in state prison
• Assault with intent to maim - 10 years in state prison

Types of Defenses for Felony Assault with Prain Law, PLLC

Taking Michigan’s broad and very inclusive definition of simple assault, all the prosecutor needs to do is find “evidence” to allow them to suggest when you allegedly assaulted your accuser, you had the intent to commit a felony. By charging you with assault with intent to commit a felony, the prosecutor has announced he or she intends to ask a Judge or Jury to convict you based on their guess what you were thinking at a particular moment in time.

Unfortunately, the Michigan law on assault with intent to commit a felony states the Judge or Jury can look at all evidence of the facts and circumstances of the event in order to assume what your private thoughts and intentions are; you can be sent to prison for a decade or more because your Judge or Jury was asked to do what advanced technology is still unable to do – and got it wrong.

The law in Michigan is also definitively clear the “felony” you allegedly intended to commit can be ANY felony under Michigan law. Michigan has over 1,300 felony charges, and they include such simple things as two divorced people reconciling and moving-in together again, adultery, or even using a self-defense spray device. Remember, they’re only alleging you intended to commit the felony – the fact you didn’t actually commit the alleged felony, or any felony, is IRRELEVANT.

When you are facing assault with intent to commit a felony charge, you absolutely must rely on the services we at Prain Law, PLLC can provide. Out Michigan criminal defense attorney understands the definition of intent under Michigan law inside and out; this will make all the difference in the world in your case. Our legal team understands what it takes to overcome the injustice of any charges you are facing.