If you are charged with Assault with Intent to Cause Great Bodily Harm Less Than Murder in Livonia, Michigan, you need the help of an experienced Livonia criminal defense attorney. I can provide you with nearly 20 years of experience and a willingness to fight and take cases to trial.
Assault with Intent to Do Great Bodily Harm is a class D felony that carries up to 10 years in prison (120 months). If you are arrested and charged with Assault with Intent to Cause Great Bodily Harm Less Than Murder, your first court appearance will be an arraignment in the 16th District Court in Livonia, Michigan. Learn more about an arraignment now. At the arraignment, your case will be scheduled for a probable cause conference and a preliminary examination. Bond will also be addressed at the arraignment. The probable cause conference must be scheduled within 7 to 14 days of the arraignment with the preliminary examination scheduled within 5 to 7 days after the probable cause conference.
Following the preliminary examination, further proceedings are held in the Wayne County Circuit Court at the Frank Murphy Hall of Justice in downtown Detroit. If there is virtually any evidence supporting the prosecutor's case, it is extremely likely that the matter will be bound over in the district court. Nonetheless, I almost always challenge cases at the preliminary examination because it is the best opportunity that the defense is presented for challenging the evidence and developing the facts that will support defenses in the circuit court. DO NOT WAIVE THE PRELIMINARY EXAMINATION WITHOUT MAKING AN INFORMED DECISION.
The charge of Assault with Intent to Cause Great Bodily Harm Less Than Murder is detailed in the Michigan compiled laws, MCL 750.84. The provisions of MCL 750.84 state:
(1) A person who does either of the following is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both:
(a) Assaults another person with intent to do great bodily harm, less than the crime of murder.
(b) Assaults another person by strangulation or suffocation.
(2) As used in this section, strangulation or suffocation means intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.
(3) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law arising out of the same conduct as the violation of this section.
Assault with Intent to Cause Great Bodily Harm Less Than Murder under Michigan sentencing guidelines is scored under crimes against a person (Person). Under the guidelines, a person who is convicted of Assault with Intent to Do Great Bodily Harm with no prior record and no aggravating factors looks to the low end of the guidelines which call for up to 6 months. With no prior criminal record but horrible facts, the defendant can face 23 months. With a terrible criminal record and terrible facts, the accused can be looking at 76 months under the guidelines.
The jury instructions set forth the following elements for Assault with Intent to Do Great Bodily Harm that must be proven beyond a reasonable doubt by the prosecuting attorney:
M Crim JI 17.7 Assault with Intent to Do Great Bodily Harm Less Than Murder
(1) [The defendant is charged with the crime of ______________________ / You may also consider the lesser charge of] assault with intent to do great bodily harm less than murder. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
(2) First, that the defendant tried to physically injure another person.
(3) Second, that at the time of the assault, the defendant had the ability to cause an injury, or at least believed that [he / she] had the ability.
(4) Third, that the defendant intended to cause great bodily harm. Actual injury is not necessary, but if there was an injury, you may consider it as evidence in deciding whether the defendant intended to cause great bodily harm. Great bodily harm means any physical injury that could seriously harm the health or function of the body.
I can't emphasize enough how important it is to focus on the jury instructions while preparing a defense to the offense of Assault with Intent to Cause Great Bodily Harm Less Than Murder. While there are a number of defenses to Assault with Intent to Do Great Bodily Harm that we can explore during a consultation, the elements contained in M Crim JI 17.7 provide a roadmap for defending the case. This is true in almost every single case, and really great defense attorneys focus early on these jury instructions.
As a cautionary note, you might be completely innocent but still face criminal charges. Even worse, you might be denied bail, forced to spend months in jail before you are vindicated. I have seen many cases where a truly innocent client is baffled, angry and scared, completely unable to understand why police and prosecutors are gunning to get a conviction. So long as probable cause is established at the preliminary examination, then the matter will be bound over for trial in the 3rd Circuit Court for the County of Wayne and further proceedings will be held in the Frank Murphy Hall of Justice in downtown Detroit. This is why it is so important that you contact an experienced Livonia criminal defense attorney to help you defend against criminal charges in the 16th District Court.
*represents an aberration under the guidelines that might result in county jail time or violate the 2/3rd maximum minimum rules under the guidelines, which is something that must be discussed with your attorney.