Legal Question in Criminal Law in Michigan

Assauly w.intent to do great bodily harm less than murder

I was recently charged with assault with intent to do great bodily harm less than murder. What is the chances of this charge getting plead down to something smaller and less severe. This is my first offense for something like this. I did however get a DUI back 2003, since then has served 4 years in the US Marine Corps. It was a bar fight and the victim did go to the hospital but was released that same night. I think he has a fractured orbital bone and may require some dental work, not sure what the extent of that is though. Will this charge stick or do I have a chance?


Asked on 3/18/09, 1:39 pm

2 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Assauly w.intent to do great bodily harm less than murder

We cannot tell you whether the charge will "stick" based on the limited facts you gave us.

One issue that cannot be assessed right now is whether you are claiming (and have credible facts of) self defense. If that's a defense theory and the prosecutor cannot dis-prove that beyond a reasonable doubt, then you will have a good outcome.

Another issue is what the witnesses saw and can remember, including the complaining victim. As with all "bar fights", the prosecutor has to deal with the reality that many/most/all of the witnesses had been drinking, and the alcohol might affect their memories. Also, juries are not always impressed that they took time off from work to mediate these facts.

Etc.

One possible option for a plea bargain is for the prosecutor to reduce the charge to Aggravated Assault, a 1-yr (max) misdemeanor.

You should review all of your case facts (including a copy of the police report and witness statements) face-to-face with a criminal defense attorney. Don't rely on web site opinions as a substitute for that kind of legal counsel.

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Answered on 3/18/09, 2:32 pm
James Schmier Law Office of James G. Schmier, PLLC

Re: Assauly w.intent to do great bodily harm less than murder

This is probably a good time to hire an attorney. Statutorily, you could be facing up to 10 years in prison. Depending on the facts, an attorney may help you plead self defense or negotiate a deal that would significantly lower your risk of prison. Contact my office at www. schmierlaw.com if you need help with this.

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Answered on 3/18/09, 5:09 pm


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