Assault with Intent to Do Great Bodily Harm Attorney
An Assault with Intent to Do Great Bodily Harm conviction almost always results in incarceration. The best defense is an aggressive, credible defense.
What is Assault with Intent to Do Great Bodily Harm?
Legally, all crimes are made up of parts called “elements.” The prosecution must prove every element of a crime beyond a reasonable doubt, or the defendant is not guilty. The elements of Assault with Intent to Do Great Bodily Harm are that the person charged (1) tried to injure another person physically, (2) had the ability to cause an injury, or at least believed that they had the ability, and (3) intended to cause great bodily harm.
What’s considered great bodily harm?
The person charged must intend great bodily harm. Great bodily harm means any physical injury that could seriously harm the health or function of the body. Knowing or believing that such an injury will or may occur can constitute the necessary intent.
Assault by Strangulation or Suffocation
A sub-category of Assault with Intent to Do Great Bodily Harm is Assault by Strangulation or Suffocation. Strangulation or suffocation means intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or blocking another person’s nose or mouth. There is no time requirement. If done with intent to strangulate or suffocate, the blocking of the nose or mouth can be only momentary.
Must the assault cause bodily injury?
Actual injury is not necessary, but if there was an injury, it might be evidence of the defendant’s intent. For example, injuries from multiple strikes with a blunt object would be circumstantial evidence of an intent to cause a serious injury compared to an injury from one strike.
Jail Time for Assault with Intent to Do Great Bodily Harm
Assault with Intent to Do Great Bodily Harm (otherwise known as Assault GBH) is a felony offense carrying up to 10 years in prison and 5 years of probation. There is no minimum sentence. In most cases, the Michigan Sentencing Guidelines will recommend a sentence of incarceration; however, there is no mandatory minimum jail or prison sentence.
Frequently Asked Questions
What is the difference between assault and battery?
Assault is making someone fear an imminent battery. A battery is an unconsented, forceful touching with the intent to harm (physically or mentally).
Is assault with bodily injury a felony?
Assault causing a bodily injury is a misdemeanor. The assault would be a felony if the person intended to cause great bodily harm (less than murder).
What must the prosecutor prove in an assault case?
The prosecutor must prove all elements of the assault crime charged.
What constitutes a violent crime in Michigan?
All misdemeanor and felony assault crimes are considered violent, regardless of an injury.
Is actual injury necessary to be charged with assault?
No. An assault can occur without an injury. In fact, an assault doesn’t even require touching. An action with the intent to forcefully touch another person is sufficient for an assault.
What type of bodily injury is necessary to be charged with assault?
No injury is required. For Assault with Intent to Do Great Bodily Harm, the person must only intend to cause serious harm to another person’s health or wellbeing.
What is the punishment for bodily harm?
The maximum sentence for Assault GBH is 10 years in the Michigan Department of Corrections.
What does assault by bodily force mean?
For Assault GBH, no specific amount of force is required. Any force is sufficient for a conviction if the defendant intended to cause great bodily harm.
How long is jail time for assault?
If a judge sentences a defendant to county jail time, instead of prison, the maximum jail sentence is one year. A judge can sentence a defendant to up to 5 years of probation with the first year served in jail.
Does assault imply intent?
Yes. A person must intend to commit an assault or they are not guilty.
How serious is a common assault charge?
All assaults are serious. In addition to the possibility of incarceration, a criminal conviction can result in years of expensive and demanding probation, loss of or inability to advance in employment, loss of a professional license, ruined credit, damaged reputation, loss of custody of children, deportation or inadmissibility, loss of civil rights (right to vote or possess firearms), and more. An Assault with Intent to Do Great Bodily Harm can result in years of imprisonment.
Assault Defense Attorneys
No lawyer in Michigan specializes solely in assault cases; however, some premier attorneys exclusively practice criminal defense. LEWIS & DICKSTEIN, P.L.L.C., Michigan’s premier criminal defense law firm, has a team of attorneys who exclusively defend clients charged with felony and misdemeanor charges in state and federal courts throughout Michigan. They will find a way to help you.
Assault with Intent to Do Great Bodily Harm Defense Lawyer Near Me
The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. has successfully defended thousands of clients charged with felony and misdemeanor charges. We use a unique team approach that routinely achieves results unobtainable by other criminal defense lawyers in Michigan. We’ve successfully advocated for dismissals and acquittals in many Assault with Intent to Do Great Bodily Harm cases. If you are looking for extraordinary results and there is no room for errors and false promises, call us for a free consultation. We will find a way to help you and charge an affordable, fair legal fee.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.