Violent Crimes Attorney in Michigan
By Daniel T. Geherin
If you’re facing a violent crime charge in the State of Michigan, the stakes are high, and bringing your strongest defense from the outset can make a serious difference in your future. Violent crimes are often charged as felonies, and that means a conviction brings prison time. Even a misdemeanor conviction can lead to serious consequences that include jail time, significant fines, and social stigma. If you find yourself in the difficult position of being charged with a violent crime, it’s time to reach out for the professional legal counsel of an experienced violent crimes attorney in Michigan.
What Is Considered a Violent Crime in Michigan
The State of Michigan takes violent crimes seriously and they come in varied forms. Violent crimes are those that involve the element of force or the credible threat of force. Each specific violent crime is assessed in relation to its own unique statutory definition.
Types of Violent Crimes in Michigan
While there are many violent crime charges in Michigan, most fall into one of several basic categories.
Assault refers to attempting to cause someone else to be injured. Any intentional act or threatened act to harm another is assault, and this includes raising one's fist at someone else or waving a weapon at them.
While assault and battery are separate charges, they’re very often brought together in Michigan. Assault is the act of threatening another person with harm, while battery involves intentional violent, forceful, or offensive touching. While battery refers to the completion of the violent act. While assault and battery without a weapon can be charged as a misdemeanor, the use of a weapon can elevate the charge to a felony.
Aggravated battery refers to simple battery that involves an aggravating factor. While there are a range of aggravating factors, the most common is the use of – or the threatened use of – a deadly weapon. This deadly weapons classification can apply to virtually anything that can cause serious physical harm. The list included in the Michigan Penal Code refers to all the following:
· A pistol or another firearm
· A pneumatic gun
· A dagger
· A razor
· A stiletto
· A knife with a blade of over three inches in length
· Any other dangerous or deadly weapon or instrument
When someone takes another person’s life in Michigan – regardless of their intent or the involved details – it’s classified as homicide. While murder refers to a willful homicide in which the perpetrator makes the conscious decision to kill the other person, manslaughter refers to an accidental homicide. Michigan laws include charges for all the following degrees of murder:
● First-degree murder is premeditated murder.
● Second-degree murder lacks the premeditation of first-degree murder and, while intended to cause only bodily harm, demonstrates an immense indifference to human life.
● Felony murder refers to killing someone else during the commission of another crime that is classified as a felony.
The State of Michigan defines domestic violence as assault or assault and battery of someone who is defined by one of the following qualifiers:
● A current or former spouse of the accused.
● A person with whom the accused shares a child.
● A person who lives in the household of the accused – or who used to.
● Someone in a dating relationship with the accused – or who was formerly in a dating relationship with the accused.
Michigan has two domestic violence classifications that focus on whether or not the victim suffered a serious physical injury.
In Michigan, robbery is defined as the use of violence or force – or the threatened use of violence or force – in the commission of the crime of larceny. And larceny is the act of stealing property that belongs to someone else from them.
Rape is the generic legal term that’s used to address criminal sexual conduct involving nonconsensual sexual intercourse with another person. Physical force or the threat of physical force are often employed in the course of a rape to effect the victim’s submission.
What Are the 5 Classifications for Violent Crimes
The FBI classifies violent crimes into five distinct categories that include:
● Nonnegligent manslaughter
● Forcible rape
● Aggravated assault
Rights of the Accused
If you’ve been accused of a violent crime in Michigan, you have important rights that you shouldn’t fail to invoke, including:
● You have the right to remain silent, and you should remain silent until you’ve consulted with a seasoned violent crimes attorney in Michigan.
● You have the right to an attorney, and the sooner you reach out for skilled legal guidance, the better.
● You have the right to a speedy trial, which means you have the right to be tried for the crime levied against you within a reasonable amount of time, which can vary in accordance with the involved circumstances.
● You have the right to due process, which means that Michigan law enforcement’s actions against you must be in accordance with the law. A prime example is the right against unlawful search and seizure.
● You are also protected against double jeopardy, which means that you can’t be prosecuted for the same offense twice.
● Additionally, the state cannot inflict any punishments upon you that are considered cruel and unusual.
Your violent crimes attorney will skillfully endeavor to ensure that your legal rights are well protected throughout the legal process.
Criminal Charges and Criminal Defense in Michigan
The State of Michigan is quick to bring charges for violent crimes, and countering with your strongest defense is key. While your defense strategy will be specific to the circumstances that make up your case, many fall into categories like the following:
● You’re, in fact, innocent.
● You have a foolproof alibi.
● You were acting in self-defense.
● You were entrapped by the authorities.
● Your constitutional rights were violated.
● You’re guilty only of the lesser charge involved.
If you’re facing a charge related to a violent crime, your defense strategy is critical, and having a formidable violent crimes attorney in your corner can make all the difference.
Overview of Crime Rates in Michigan
According to MichiganLive, Michigan saw fewer violent crimes in 2022 than it had in three years. With 461 violent crimes per 100,000 people, the state remains well above the nationwide average of 380.7 violent crimes per 100,000 people.
Consult an Experienced Violent Crimes Attorney in Michigan
Daniel T. Geherin, the founding and principal attorney at Geherin Law Group, is a member of the elite group of nationwide attorneys who are certified by The National Board of Trial Advocacy and is one of the few in Michigan who is board certified in criminal law. Our trusted Michigan violent crimes attorneys have a vast range of imposing experience successfully guiding challenging cases like yours effectively and efficiently forward toward favorable resolutions that protect our clients’ rights, and we’re standing by to help you. The outcome of your case is important to your future, so please don’t put off reaching out by submitting a contact form or call us at 734-263-2780 for more information about what we can do for you today.