Michigan Felonious Assault (Assault with a Dangerous Weapon), defined under MCL 750.82(1)
A Felonious Assault is a Simple Assault, but the assault was committed with a dangerous weapon. A person who assaults another person with a 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.
The elements of felonious assault are (1) an assault, (2) with a dangerous weapon, and (3) with the intent to injure or place the victim in reasonable apprehension of an immediate battery. Because felonious assault includes an "assault" as an element, there must be a present ability or apparent present ability to commit a battery in order to be convicted of felonious assault.
The most frequently asked question: What exactly constitutes a dangerous weapon?
Past court cases have made the following, but not limited to distinctions.
Dangerous weapon: Automobile, beer bottle, shoe, unloaded gun, tear gas spray, shoe, high heel, lighter fluid, flashlight, dog, broomstick, booted foot, aerosol spray can, frying pan
Non-dangerous weapon: human teeth, bare hands
It's important that you speak to your an experienced Michigan defense attorney about the circumstances of your case, and to closely examine the alleged dangerous weapon. If the alleged weapon is something of value or sentimental meaning (family knife or antique firearm), it's likely that the weapon used in this offense may or may not be returned upon the completion of your case; your attorney can work with the judge in coming to this decision.
A Felonious Assault is a Simple Assault, but the assault was committed with a dangerous weapon. A person who assaults another person with a 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.
The elements of felonious assault are (1) an assault, (2) with a dangerous weapon, and (3) with the intent to injure or place the victim in reasonable apprehension of an immediate battery. Because felonious assault includes an "assault" as an element, there must be a present ability or apparent present ability to commit a battery in order to be convicted of felonious assault.
The most frequently asked question: What exactly constitutes a dangerous weapon?
Past court cases have made the following, but not limited to distinctions.
Dangerous weapon: Automobile, beer bottle, shoe, unloaded gun, tear gas spray, shoe, high heel, lighter fluid, flashlight, dog, broomstick, booted foot, aerosol spray can, frying pan
Non-dangerous weapon: human teeth, bare hands
It's important that you speak to your an experienced Michigan defense attorney about the circumstances of your case, and to closely examine the alleged dangerous weapon. If the alleged weapon is something of value or sentimental meaning (family knife or antique firearm), it's likely that the weapon used in this offense may or may not be returned upon the completion of your case; your attorney can work with the judge in coming to this decision.
