What Is Assault with Intent to Do Great Bodily Harm

Assault with Intent to Do Great Bodily Harm is a serious crime, and a conviction almost always results in jail time. To protect your rights and defend yourself in court, you need an experienced and aggressive criminal defense lawyer who will carefully analyze the charges against you and mount a vigorous legal defense.

Elmen Legal is based in Ann Arbor and represents people charged with crimes throughout Michigan. Criminal defense attorney Robert Elmen can evaluate your circumstances and develop a comprehensive legal defense strategy designed to result in a Not Guilty verdict at trial or that will force the prosecutor to agree to a substantial reduction in the severity of the charges or the penalties you face.

To begin working on your legal defense, contact Elmen Legal today to schedule a free and confidential consultation to discuss your situation and how we can help.

What Is the Crime of Assault with Intent to Cause Great Bodily Harm Less Than Murder?

Assault with Intent to do Great Bodily Harm, often abbreviated as “Assault GBH,” occurs when a person commits an assault with the intent to cause another person great bodily harm less than murder. To prove a person committed Assault GBH, the prosecutor must prove the following “elements” of the crime beyond a reasonable doubt:

1. The defendant tried to physically injure another person;
2. The defendant had the ability or reasonably believed they had the ability to cause an injury; and
3. The defendant intended to cause great bodily harm.

In Michigan, “great bodily harm” means a physical injury that could seriously harm the victim’s health or bodily function. To convict a defendant of Assault GBH, the prosecutor does not need to prove the victim suffered an actual injury. However, if the victim did suffer great bodily harm, the prosecutor will likely point to the victim’s injuries as evidence of the defendant’s intent.

Assault by Strangulation or Suffocation

Assault by Strangulation or Suffocation is a subcategory of Assault GBH that occurs when someone intentionally impedes another person’s normal breathing or blood circulation by applying pressure to the victim’s throat or neck or by blocking their nose or mouth. There is no time requirement, and a person can be convicted of Assault by Strangulation or Suffocation if they block another person’s nose or mouth, even temporarily, if the act is committed with the intent to strangulate or suffocate.

What Are the Penalties for Assault GBH?

Assault GBH is a felony, punishable by up to 10 years in prison and a $5,000 fine. In most cases of Assault GBH, the Michigan Sentencing Guidelines recommend incarceration, but there is no mandatory minimum prison sentence.

Defenses to Charges of Assault GBH

Michigan law defines assault broadly, and the prosecutor will ask the judge or jury to evaluate the entirety of the circumstances when determining whether a defendant “intended” to cause great bodily harm.

Lack of Intent

Defending against charges of Assault GBH often focuses on the defendant's lack of intent. A defendant cannot be convicted of Assault GBH if they did not intend to cause great bodily harm to the victim.

Other Defenses to Charges of Assault GBH

Other defenses to Assault GBH include:

• Lack of evidence. The evidence does not support a conviction.
• No assault. An altercation does not always mean an 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 Assault GBH.
• Constitutional Defenses. A defendant always has Constitutional defenses available, including improper or nonexistent Miranda warnings, illegal search and seizure, failure to obtain a warrant, forced confession, and chain of custody issues.

How Elmen Legal Can Help

Robert Elmen has extensive experience defending people charged with Assault GBH and other crimes throughout Michigan. He is a talented and sought-after criminal defense attorney who will carefully analyze the charges against you and help you evaluate your options. He will fight to have the charges dropped and work to negotiate a substantial 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, no-obligation appointment to discuss your situation and how Attorney Elmen can help.