Attorney Joe is truly an excellent lawyer. My case was unique and complex, but he showed unwavering confidence. He ultimately resolved it quickly and accurately, despite not being in the U.S. due to circumstances. We com...
김재호
05/15/2024
Joe was great! I followed everything Joe said to do and it worked just as he planned. His ability to be early, to the point, and concise yet still fighting for me is what won my case in my opinion.
Joe is an amazing lawyer. Takes time to explain everything to ensure you understand. Very personable and easy to talk to. Joe and Victoria genuinely care about you as a person.
If you or a loved one has been charged with assault in Michigan, you’ve probably heard the terms “simple assault” and “felonious assault” thrown around. They might sound like minor variations in legal terminology, but they’re actually worlds apart when it comes to potential consequences. The difference between these two charges can literally mean the difference between serving your sentence on probation in your community or spending years behind bars in a state prison facility.
Here’s what most people don’t realize: sometimes that difference comes down to just one word in the prosecutor’s complaint—a single adjective or descriptor that fundamentally changes the charge from a misdemeanor to a felony. Understanding this distinction is crucial, and it’s why having an experienced felonious assault defense attorney on your side from day one matters so much.
In Michigan, simple assault (typically charged under MCL 750.81) is generally a misdemeanor that occurs when you intentionally cause a less serious bodily injury to another person, or when you attempt to cause such an injury. A conviction usually results in up to 93 days in jail and/or fines.
Felonious assault (MCL 750.82), on the other hand, is a felony that occurs when you assault someone with a dangerous weapon or with the intent to cause serious bodily injury. A conviction can result in up to four years in state prison—that’s a massive jump from three months in county jail.
The key word here? “Dangerous.” If the prosecutor can convince a judge or jury that a weapon was involved—or that you had the intent to cause serious harm—your misdemeanor charge becomes a felony. And sometimes, the line between what constitutes a “dangerous weapon” or “serious bodily injury” can be surprisingly blurry.
This is where strategy becomes absolutely critical. When a prosecutor drafts the charging complaint, the words they choose matter enormously. Did they characterize the injury as “minor” or “serious”? Did they mention an object in the complaint, and if so, did they describe it as a “dangerous weapon” or simply as “an object”?
Sometimes these descriptions are accurate. Sometimes they’re subjective interpretations that can be challenged. An experienced felonious assault defense attorney knows how to examine these claims carefully and, when appropriate, challenge the prosecutor’s characterization of the facts.
A felony conviction carries consequences that extend far beyond prison time. You lose voting rights while incarcerated. Employment becomes significantly harder. Housing discrimination is legal against felons. Educational opportunities disappear. The ripple effects of a felony conviction touch nearly every aspect of your life.
A misdemeanor, while certainly serious, comes with fewer long-term collateral consequences. This is why fighting felonious assault charges aggressively—from the initial charging decision through trial—is so vital.
If you’re facing assault charges, don’t assume the prosecutor’s characterization is locked in stone. At the Law Offices of Joseph A. Simon, PLLC, we’ve spent over 35 years defending clients against assault charges at every level. We examine the evidence, challenge characterizations, negotiate with prosecutors, and when necessary, take cases to trial.
The difference between probation and prison might come down to one word in a complaint. We make sure that word is scrutinized, challenged, and defended against with everything we’ve got.
Contact us today for a free, confidential consultation about your felonious assault charges.
