If you are facing Michigan assault with intent to do great bodily harm less than murder charges (also commonly called “assault GBH”), that means that the government is alleging that you intended to cause a “serious injury of an aggravated nature.” Assault with intent to do great bodily harm less than murder charges mean that you are facing up to 10 years in state prison and up to $5,000.00 in fines. Previous felony convictions could have you facing LIFE in state prison if you are charged with assault with intent to do great bodily harm less than murder as a Habitual Offender.
A Michigan misdemeanor aggravated assault charge, which carries a maximum of 1 year in county jail, requires that you actually cause a “serious or aggravated injury.” But this much, much, much more serious assault with intent to do great bodily harm less than murder charge only requires that you intend to cause “serious injury of an aggravated nature,” regardless of whether you actually cause any injury – and no actual touching is required. On top of that, Michigan law is rather unclear on the difference between “serious or aggravated injury” and “serious injury of an aggravated nature.” In fact, the definitions of these phrases are almost identical.
Not only is the “logic” of the Michigan law of assault with intent to do great bodily harm less than murder completely backwards, this is an awfully weak distinction between two legal terms on which to base a magnification of 10 times the possible penalty. Understanding the corrupt logic of this law, you can easily see how what starts as a misdemeanor aggravated assault charge against you can easily be increased to an assault with intent to do great bodily harm less than murder charge with almost no change in the facts.
When you face assault with intent to do great bodily harm less than murder charges, our experience has taught us that the prosecuting attorney will be scrutinizing every intimate detail of your personal life in an attempt to find ways to make you look like a cruel, violent maniac. The prosecutor knows that when they accuse you of a serious Michigan felony charge that requires the Judge or Jury to make assumptions about what you might have been thinking at the time, they are going to have to portray you as a monster.
To help the prosecutor destroy your presumption of innocence, Michigan law specifically allows people who you have not even had contact with for a long time to walk into Court and swear that you assaulted them in the past. This is an exception to the normal rules of evidence, and it does not matter if this past accusation was ever reported to the police or anyone else. Do you have any enemies? The good news is that by hiring a competent Michigan assault lawyer, you can lessen and even eliminate the possibility of having this evidence heard by the Judge or Jury, but special documents must be filed and actions must be diligently and timely taken on your behalf.
The very serious felony charge of assault with intent to do great bodily harm less than murder is one that absolutely requires the time, dedication, and experience of a Michigan criminal defense attorney who has handled these cases. The vague nature of the elements of this felony charge, combined with the disproportionately large penalty, create an opportunity for prosecutors to “overcharge” you and play games with your freedom and your future. Do NOT attempt to respond to these felony charges alone. Your defense strategy starts the very moment you are accused, appropriate action must be taken from that very second in order to lessen the chance of your conviction. By not hiring The Law Office of Brian J. Prain, PLLC, it is our belief that you would be doing yourself a major disservice.