Legal Question in Criminal Law in Michigan
Domestic Felonious Assault
How can the police press charges of felonious assault,when the person had no weapon on their person?And the other person invovled had know marks and said they lied to the police because the other person has a history of mental illness and she just wanted him taken to the hospital.? How can we get these charges dropped?
1 Answer from Attorneys
Re: Domestic Felonious Assault
Felonious Assault is another name for Assault with a Dangerous Weapon. Your message did not give many facts, so answering will be hard. However, the "weapon" need not be a traditional gun or knife. It can be any object fashioned or intended to be used as an assaultive weapon. This can include a ball bat, a car (driving it at someone), etc. The issue is whether the object could cause serious injury, and whether the defendant intended to use it to either injure the victim or put the victim in fear of injury.
Actual injuries ("marks") are not needed.
Witness/victim credibility is always important. If the complainant did mislead or lie to the police re: the allegations, the case could be dismissed if the credible/reliable evidence could not support a conviction. Also, the complainant could be charged with filing a false police report; here, since the false report was re: a felony, the complainant could be charged with the felony-level "false police report" charge.
Related Questions & Answers
-
Misdemeanor appearance ticket requirments I was given a misdemeanor ticket which... Asked 6/29/00, 1:22 am in United States Michigan Criminal Law
-
Prisoner's 001 escape My fiance was denied parole because he supposedly attempted to... Asked 5/25/00, 11:58 am in United States Michigan Criminal Law