Assault Cases
Building A Strong Defense Against Assault Charges
Assault charges of any level can have serious consequences in Michigan. If you face these charges, your future could be in jeopardy. While the law recognizes your presumption of innocence, you still need a competent, dedicated defense attorney to advocate for your rights. Christopher Sinclair of Sinclair Law will fight for you.
He is tough and experienced, and most importantly, he cares. It is his goal to give you the best possible legal representation. He works tirelessly to defend individuals accused of assault crimes.
Understanding Assault Charges
The law recognizes many types of assault and battery. The differences between them can have a big impact on the penalties you face. The following is a brief explanation of different kinds of assault and battery charges:
Assault/Battery
While often described together, assault and battery are two different offenses. Where assault is based on making an attempt to do harm, battery involves violent or offensive contact and touching.
Felonious assault
This is also known as assault with a dangerous weapon. You will need an attorney with a thorough understanding of the law and the skills to defend you. In order to prove felonious assault, the prosecuting attorney needs to demonstrate that the defendant intended to injure or strike fear into the accuser.
Assault with intent to do great bodily harm, less than murder
This charge requires the prosecution to prove that you tried to physically injure another person, you had or believed you had the ability to cause an injury, or you intended to cause great bodily harm. Since the charge of assault is based on intent and the threat of harm, the ability of the accuser to prove injury is irrelevant.
Assault with intent to murder
Like any felony charge, attempted murder charges should be taken very seriously. If convicted, the sentence is severe. The prosecution must prove that you tried to physically injure another person; that at the time of the alleged assault, you had the ability to cause an injury; that you had the specific intent to kill the person; and that the circumstances did not legally excuse or reduce the crime.
Murder
First degree murder requires the prosecutor to prove that you planned and intentionally carried out the killing, whereas second degree murder requires that the killing either be intentional or reckless, and occur in the spur of the moment. The prosecutor may also charge "Open Murder", which is a combination of First and Second Degree Murder, and the jury may determine the appropriate degree based on the proofs.
Mr. Sinclair can help you understand the differences between these offenses and how they may apply to your case. Mr. Sinclair has the legal knowledge and experience necessary to fight every one of these charges. He will make every effort to show that the prosecutor cannot prove the necessary elements. He will put in the time needed to give you the best defense possible.
Call Today
To learn more or to request a free, no-obligation consultation, call Sinclair Law‘s Detroit area office today at (866) 274-6252 or send a message through the online contact form.
