CRIMINAL DEFENSE ATTORNEY

Assault with a Dangerous Weapon

Representing Clients In Macomb, Washtenaw, Wayne, Genesee County, and all over the State of Michigan.

Assault with a dangerous weapon is also known as felonious assault in Michigan. Even when there is no intent to kill or seriously injure, a person can be charged with this felony assault charge. If you’re charged with this offense you should highly consider retaining an experienced criminal defense attorney like Ashlee Duplessis. 

Felonious assault, or assault with a dangerous weapon, is defined as “A person who assaults another person with 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 less than murder is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.” Essentially, using a firearm or object to assault someone could come with these consequences. For second or third-time offenses the consequences could be worse. 

Assault with a dangerous weapon applies to a narrow set of situations. Brandishing a firearm or weapon during an argument for example might be considered enough cause to be charged with felonious assault. This is because the implied threat that a weapon has or battery might have is enough for a charge. Some weapons like a gun or pistol are designed to be dangerous, other objects might have an implied danger based on the context. Assault is the attempt to cause physical harm.

Possible Defense for Assault with a Deadly Weapon

All cases are unique. You need to retain a criminal defense attorney with a compassionate yet driven understanding on how to defend and represent you. Even though each case brings unique aspects there are still some possible defenses. 

  • Was there a weapon?

The presence of a weapon is the cornerstone of this felonious assault charge. If there was no weapon involved, or if in the context of the situation the weapon was not deadly, then this charge will not stand.

  • Were you defending yourself?

You have a right to defend yourself in Michigan. You are legally entitled to defend yourself if you are being the victim of assault. 

  • Was there an assault?

If there was no intent then there was no assault. A simple confrontation between two people where one person has a weapon does not constitute an assault charge.

Ashlee

Call an Attorney who can defend your rights!

Assault offenses like Felonious Assault are as the name suggests, felonies. Felony offenses in Michigan can severely impact your life and future. It is essential that you have a Detroit attorney who will be in your corner every step of the way. If you or a loved one is facing assault charges in Michigan, call Duplessis Law to ensure your rights are protected!