David G. Moore Attorney At Law
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Assault penalties can be enhanced when a weapon is used


Nearly all of us have been in a disagreement with another person. Most of the time these verbal altercations remain verbal and quickly dissipate. In some cases, however, an argument can evolve into a physical fight. In the aftermath of these instances, criminal charges may be filed. Assault charges are quite serious and carry the potential for harsh penalties. Those penalties can be enhanced when the individual uses a dangerous weapon while committing an assault.

Michigan law makes it a felony to assault another individual with any dangerous weapon. This can include a gun, knife, club, bat or even brass knuckles. When the assault is proven to have been committed without the intent to commit murder, or was meant to inflict bodily harm but to a degree that is lesser than murder, then the assault can result in up to four years in prison and a fine of up to $2,000 upon conviction.

The penalties can be tougher if such a crime is committed in a weapon-free school zone. In these instances, a convicted individual can face up to four years in prison, 150 hours of community service and a fine of up to $6,000. It is worth noting that a weapon-free school zone can include a school building, playground or even a school bus.

Based on these potential penalties, being charged with assault with a dangerous weapon is something to be concerned about. However, those who are facing violent crime allegations are innocent until they are proven guilty, which means that they have the opportunity to tell their side of the story and raise doubt as to the prosecution's position.

Source: Michigan Legislature, "Section 750.82," accessed on Oct. 14, 2016

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