Assault with Intent to Commit a Felony

Close up of a man pulling a knife out of his pocket. Visual concept for a criminal defense attorney blog discussing assault with intent to commit a felony.

In Michigan, the crime of assault with intent to commit a felony is a serious offense, and a conviction carries severe consequences, including up to 10 years in prison and a $5,000 fine.

If you were charged with assault with intent to commit a felony, you need a skilled and experienced criminal defense lawyer who will carefully analyze the charges against you and mount a comprehensive and aggressive legal defense.

Elmen Legal is based in Ann Arbor and proudly represents people throughout Michigan. Led by criminal defense attorney Robert Elmen, Elmen Legal can help you evaluate your options and will fight to achieve an optimal resolution in your case. Contact our law firm today to schedule a free and confidential appointment to discuss your situation and how we can help.

What Is the Crime of Assault With Intent to Commit a Felony?

In Michigan, the crime of assault with intent to commit a felony occurs when a person commits an assault while intending to commit an additional felony beyond the assault itself. To prove assault with intent to commit a felony, the prosecutor must prove:

  1. Assault - an unlawful act that places another person in reasonable fear of immediate physical harm; and
  2. Intent to commit a felony - at the time of the assault, the defendant intended to commit another specific felony (e.g., murder, sexual assault, robbery, etc.)

What Are the Penalties for Assault with Intent to Commit a Felony?

Michigan has identified several felony assault crimes that it has earmarked for even harsher punishments under the charge of assault with intent to commit a felony. These crimes and their punishments include:

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

In addition to a lengthy prison sentence, someone convicted of assault with intent to commit a felony will have a permanent criminal record, which can make it more difficult to find a job, secure a loan, or gain acceptance into certain colleges or technical schools. A conviction for assault with intent to commit a felony may prevent you from pursuing certain career paths and could impact where you can live.

If you were charged with assault with intent to commit a felony, you need a skilled and talented criminal defense lawyer who will meticulously review your case, identify all viable defenses, and mount a vigorous defense designed to have the charges reduced or the case dismissed.

Defending Against Charges of Assault With Intent to Commit a Felony

The State of Michigan has an expansive definition of assault, and it does not take much for a prosecutor to claim you intended to commit a felony when you allegedly committed assault. The judge and jury will then be asked to evaluate all of the circumstances surrounding the alleged assault and use that evidence to infer that you “intended” to commit a felony when the assault occurred.

You can be charged with and convicted of assault with intent to commit a felony if you intended to commit any felony at the time of the assault. Michigan has identified over 1,300 felony crimes, and the fact that you did not actually commit the underlying felony is irrelevant.

The unique circumstances of your case will dictate the defenses you may have available. A successful defense will target both the assault charge and the alleged intent to commit a felony.

Challenging the Assault Charge

Common defenses to charges of assault include:

  • Defense of self
  • Defense of others
  • Lack of intent
  • Lack of ability to carry out the crime
  • Provocation
  • The victim’s fear of harm was unreasonable
  • The threats were vague and did not include an overt act
  • The allegations were false
  • The defendant’s conduct was not threatening

Challenging the Intent to Commit a Felony

Negating the element of intent is a common strategy when defending someone charged with assault with intent to commit a felony.

  • Lack of Intent. A defendant may claim they lacked the intent to commit a felony (i.e., an assault occurred but they had no intent to rob or murder the victim).
  • Intoxication. A severely intoxicated defendant can claim they lacked the mental capacity to form the intent to commit a felony.

How Elmen Legal Can Help

Robert Elmen has years of experience defending people accused of crimes throughout Michigan. He is a talented and sought-after criminal defense attorney who can help you evaluate your options. He will fight to have the charges dropped or negotiate a reduction in the severity of the charges or penalties you face.

Contact Elmen Legal Today

Call (734) 707-8915 or contact Elmen Legal online today to schedule a free, confidential, and no-obligation appointment to discuss your situation and how Attorney Elmen can help.