Legal Question in Criminal Law in Michigan

criminal record

In 1991 I feel I've been overcharged with a crime. I admit to being guilty for pulling a gun on someone,but thats all it was. I was charged with ADW and Felonius Assault. Are those charges accurate for the crime I committed? Basically im asking what is the charge for just pulling a gun out on someone?


Asked on 5/08/07, 1:06 pm

2 Answers from Attorneys
Regina Mullen Legal Data Services, PLC

Re: criminal record

Eh... "just" pulled a gun on someone?

That is, by definition "felonious assault." The only thing to argue about, I suppose, is the ADW...but then again "Assault With a Deadly Weapon" is also absolutely accurate. The judge/jury will get to decide which one is more accurate (if not both) under Michigan law, and it's your lawyer's job to argue for the one with the lower penalty.

Read more
Answered on 5/08/07, 1:15 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: criminal record

"Assault With a Dangerous Weapon" IS "Felonious Assault". Two terms/titles for the same crime. See MCL 750.82.

As the other answer noted, "just pulling a gun" on another person is exactly what MCL 750.82 is all about ... unless you were actually intending something more serious, like the more serious feony of Assault With Intent to Commit Murder (MCL 750.83).

Read more
Answered on 5/08/07, 2:17 pm


Related Questions & Answers

More Criminal Law questions and answers in Michigan