Assault Intending Great Bodily Harm Less than Murder
Michigan police and prosecutors take assault charges seriously. If you have assault charges, it is in your best interest to find an experienced assault defense attorney to stand up and protect you in and out of Court.
Felony Assault Intending Great Bodily Harm
The crime of Assault Intending Great Bodily Harm Less than Murder (Assault GBH) is a felony offense in Michigan. Michigan law has severe punishments for convictions of assault with intent to do great bodily harm, including fines and lengthy periods of incarceration.
You may be guilty of Assault Intending Great Bodily Harm, contrary to MCL 750.84(1)(a), if the prosecutor can prove all of the following elements beyond a reasonable doubt:
- That the person tried to injure another person physically;
- That at the time of the assault, the person had the ability to cause an injury or at least believed they could cause an injury; and
- That the person intended to cause great bodily harm. An actual injury is not necessary, but if there is an injury, a jury can consider it as evidence to decide whether the person intended to cause great bodily harm.
Penalty for Assault GBH
The penalty for Assault Intending Great Bodily Harm includes a sentence of up to 10 years in prison, five (5) years of probation, and a $5,000.00 fine. The Michigan Sentencing Guidelines advise judges of appropriate sentences based on the severity of an offense and an offender’s criminal history. The guidelines for Assault GBH are generally for a term of years in the Michigan Department of Corrections. You will want to find an experienced, aggressive defense attorney to help you achieve the best resolution and to avoid these consequences.
What Does “Great Bodily Harm” Mean?
Under Michigan law, “great bodily harm” means any physical injury that could seriously harm the health or function of a person’s body. An assault is an attempt to commit a battery or an unlawful act that places another in reasonable apprehension of receiving an immediate battery (offensive touching). Assault Intending Great Bodily Harm requires an intent to harm. An actual injury is not necessary to prove the crime. The government will argue that any injury is evidence of intent.
Defending Assault with Intent to Do Great Bodily Harm Cases
The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. has successfully defended thousands of assault cases with charges ranging from Simple Assault (misdemeanor) to Assault Intending Great Bodily Harm, to Assault with Intent to Murder (felony) and everything in between. Each county in Michigan handles these cases differently, and a great criminal defense lawyer will adjust their practice to get the client the best possible result in any jurisdiction. Our Michigan assault defense attorneys are widely known to be aggressive, zealous, and resourceful.
Defenses to a Charge of Assault Intending Great Bodily Harm
There are many ways a skilled defense lawyer can defend you against a charge of Assault Intending Great Bodily Harm less than murder. Here are just a few examples:
- There was no assault – An assault doesn’t necessarily occur just because there is a confrontation or argument. For example, suppose a dispute arises between two individuals. In that case, there is no assault unless one attempts to touch the other forcefully or makes the other person believe a battery is imminent.
- There was no intent – For there to be an assault with intent to do great bodily harm, the defendant must have intended to cause physical injury that could seriously harm the health or function of the person’s body. The defendant must have intended to injure the complainant or make them reasonably fear an immediate battery.
- Self Defense – A person in Michigan is entitled to use reasonable force to defend against a perceived, imminent threat of bodily harm, sexual assault, or death. If someone was assaulting you or believed you were under assault, using force or threat of force to defend yourself may be legally defensible. The defendant must have honestly and reasonably believed that the force used was necessary to prevent the perceived threat. It does not matter if the defendant was wrong, as long as the belief was honest and reasonable.
Michigan Assault Defense Lawyers
If you face Assault Intending Great Bodily Harm allegations or any assaultive offense, do not hesitate to call the Michigan Assault Defense Attorneys with LEWIS & DICKSTEIN, P.L.L.C., for a free consultation. We will take the time to listen to your situation carefully, analyze the case to determine the best options, and develop a plan to help you. Our effective and affordable defense attorneys will do whatever is necessary to help attain the best possible outcome.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
