Beyond Jail Time: The Collateral Consequences of a Michigan Felonious Assault Conviction

Felonious assault is a serious crime that carries severe legal consequences, even for individuals with no prior criminal record. In addition to jail time, fines, and probation, a conviction for felonious assault can result in the loss of certain civil rights and affect your employment and housing options for years to come.

Individuals who were charged with felonious assault in Michigan need aggressive legal representation from an experienced criminal defense attorney. Robert Elmen will carefully investigate the charges against you, identify the best defenses for your unique situation, and work to minimize the likelihood of a conviction.

What Is Felonious Assault?

Felonious assault occurs when an individual assaults another person with the intent to kill or cause them serious bodily harm. An individual can also be charged with felonious assault if they kill or cause serious bodily harm to someone else during the commission of another crime, such as robbery or kidnapping.

The State of Michigan recognizes different types of felonious assault:

• Felonious Assault with a Deadly Weapon is the crime of assaulting someone using a gun, knife, brass knuckles, or any object that could be used as a dangerous weapon. A conviction carries a sentence of 4 years in prison and a $6,000 fine.
• Assault with Intent To Do Great Bodily Harm (Assault GBH) occurs when a defendant assaults someone with the intent to cause great bodily harm less than murder. Assault GBH is punishable by up to 10 years in prison and a $5,000 fine.
• Assault with Intent to Commit Murder is a felony, punishable by “any number of years” or life in prison.
• Assault, Battery, Resisting, or Obstructing a Police Officer occurs when a person injures or obstructs a law enforcement officer while they are performing their duties. “R&O” is a felony, punishable by two years in prison and a $2,000 fine.
• Assault with Intent to Commit a Felony occurs when a person commits a felony crime using force or the threat of force. A conviction for Assault with Intent to Commit a Felony is a capital offense punishable by up to life in prison.

Collateral Consequences of a Conviction for Felonious Assault

In addition to the direct penalties of a conviction, someone convicted of felonious assault also faces collateral consequences that can affect their life for years to come. “Collateral consequences” refer to the effects of a criminal conviction that occur in addition to the direct consequences, such as fines, jail time, and probation.

Collateral consequences of a felonious assault conviction may include:

• Loss or restriction of driving privileges
• Loss of a professional license
• Professional discipline
• Denial of admission to certain colleges, universities, or trade schools
• Ineligibility for certain financial aid programs
• Interference with custody or visitation of minor children
• Loss of voting rights
• Loss of firearm rights
• Loss of eligibility for jury duty
• Not being considered for certain jobs
• Lost earnings
• Loss of eligibility for certain government benefits
• Loss of eligibility for public housing
• Possible deportation

Additionally, someone who was convicted of felonious assault and is later charged with another crime may be labelled a “habitual offender” and might face harsher penalties if they are convicted.

Can a Conviction for Felonious Assault Be Expunged?

In certain circumstances, a conviction for felonious assault in Michigan can be expunged under Michigan’s Clean Slate law. To be eligible:

• At least 5 years must have passed since you completed your sentence, including any terms of probation.
• You must have no pending criminal charges.
• You must meet all other eligibility requirements.

How a Michigan Criminal Defense Attorney Can Help

Criminal charges for felonious assault must be taken seriously. To defend yourself and protect your rights, you need an experienced and aggressive defense attorney on your side. Robert Elmen is committed to providing an aggressive legal defense for every client he represents. He knows the stakes are high and he will work diligently to protect your rights and your future.

Contact Elmen Legal Today

Elmen Legal is located in Ann Arbor and represents individuals in criminal matters throughout Michigan. Call (734) 707-8915 or contact Elmen Legal online to schedule an appointment to discuss your situation and how Robert Elmen can help.