Felonious Assault With a Deadly Weapon

Brass knuckles, revolver and butterfly knife on dark background

In Michigan, the crime of Felonious Assault with a Deadly Weapon occurs when a person commits an assault using a gun, knife, brass knuckles, or any object that could be used as a “dangerous weapon.” A person can be charged with Felonious Assault with a Deadly Weapon even if there is no intent to injure or kill the victim. The crime is punishable by up to 4 years in prison and fines of up to $6,000.

If you were charged with Felonious Assault with a Deadly Weapon, you need a skilled and experienced criminal defense lawyer who will carefully analyze the charges against you and provide a comprehensive and vigorous legal defense.

Located in Ann Arbor, Elmen Legal represents people charged with crimes throughout Michigan. Criminal defense attorney Robert Elmen will carefully investigate the charge against you, help you evaluate your options, and fight to achieve an optimal resolution in your case. Contact Elmen Legal today to schedule a free and confidential appointment to discuss your situation and how we can help.

Elements of Felonious Assault with a Deadly Weapon

To prove a case of Felonious Assault with a Deadly Weapon, the prosecutor must establish each “element” of the crime, beyond a reasonable doubt. To prove a case of Felonious Assault with a Deadly Weapon, the prosecutor must prove the defendant:

  • Committed an assault;
  • Using a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon;
  • Without intending to commit murder or to inflict great bodily harm.

The crime is punishable by up to 4 years in prison and a $2,000 fine. If the victim is a health professional or medical professional and the crime occurs while the victim is performing their duties, the crime is punishable by up to 4 years in prison and a $4,000 fine. If the crime occurs in a weapon-free school zone, the crime carries a punishment of up to 4 years in prison, 150 hours of community service, and a $6,000 fine.

What Is a Dangerous Weapon?

Some items are dangerous weapons by their very nature. These include items like guns, knives, brass knuckles, clubs, tasers, bows and arrows, nunchucks, sais, and katanas. Other items can become dangerous weapons based on how they were used. For example, the following items have been considered dangerous weapons under Michigan law:

  • Aerosol sprays
  • Motor vehicles
  • Beer bottles
  • A booted foot
  • A broomstick
  • A baseball bat
  • Dogs
  • Flashlight
  • Lighter fluid
  • Shoe
  • Tear gas
  • An unloaded gun

Michigan has declined to find that hands, teeth, and an inoperable starter pistol were dangerous weapons.

Defending Against Charges of Felonious Assault with a Dangerous Weapon

To defend against a charge of Felonious Assault with a Dangerous Weapon, Elmen Legal will identify ways to challenge each element of the crime. Common defenses to charges of assault include:

  • No dangerous weapon. The victim could have lied about the presence of a weapon, or the prosecutor might claim an item was a “dangerous weapon” when it was not. While some items are inherently classified as dangerous weapons, others are only dangerous weapons based on how they were allegedly used during the commission of an alleged crime. Depending on the circumstances of your case, Elmen Legal may be able to convince the jury that the item used in the alleged crime was not a “deadly weapon.”
  • No assault. Just because an altercation occurred and someone was in possession of an item that the prosecutor claims is a “deadly weapon” does not mean a felonious assault occurred. For example, suppose two people were engaged in a heated argument and one of them was holding a hunting rifle. Unless the person holding the rifle used it in a threatening manner, no felonious assault occurred.
  • Self-defense or defense of others. A person can lawfully use reasonable force to defend themselves or someone else against a perceived threat of imminent harm. A defendant who reasonably believed they were being attacked or who acted under the reasonable belief that someone else was going to be attacked has an affirmative defense to charges of Felonious Assault with a Deadly Weapon.

How Elmen Legal Can Help

If you were charged with Felonious Assault with a Deadly Weapon in Michigan, Elmen Legal can help. Criminal defense attorney Robert Elmen is a talented and highly sought-after Michigan criminal defense attorney who will carefully review the allegations against you, gather evidence to challenge each element of the alleged crime, and fight to have the case dismissed or the charges against you reduced.

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.

Categories: Assault