Assault with Intent to Do Great Bodily Harm Less than Murder (also known as Assault GBH) is a felony criminal offense in Michigan according to Michigan Compiled Law 750.84. Assault GBH carries a potential punishment of up to 10 years in prison, and a fine of not more than $5,000. To prove Assault GBH the Prosecution must establish beyond a reasonable doubt that: the Defendant tried to physically injure another person; that at the time of the assault the Defendant had the ability to cause an injury (or at least believed that he or she had the ability); and that the Defendant intended to cause great bodily harm. Actual harm is not necessary to prove the offense if the Prosecution can prove the intent of the Defendant beyond a reasonable doubt. If there is an injury, the seriousness of the injury, as well as the manner in which the injury occurred, may be evidence of intent. Great bodily harm means any physical injury that could seriously harm the health or function of the body.
An individual who is convicted of Assault GBH is subject to severe sentencing through the Michigan Sentencing Guidelines. A Judge can even exceed the Michigan Sentencing Guidelines if the Judge concludes that there are substantial and compelling reasons to do so. This may be a concern in cases where the injury is gruesome, severe, or life threatening. Moreover, the alleged victim of Assault GBH may seek a large sum in restitution or may even file a civil lawsuit to obtain money damages from the alleged perpetrator. The consequences of an Assault GBH charge can result in a deprivation of freedom and an attack on an individual’s assets.
Potential defenses to Assault with Intent to Do Great Bodily Harm Less than Murder
include (but are not limited to): self defense; defense of others; consent or mutual affray; accident; identity; lack of intent; reasonable doubt. When facing a charge of Assault with Intent to Do Great Bodily Harm Less than Murder
it is always advisable to immediately hire an experienced criminal defense attorney, such as the attorneys at Hilf & Hilf, PLC
. An experienced criminal defense attorney can prepare the best possible defense to the Assault GBH charge
, and strive to achieve the best possible result. Indeed, the penalty and consequences for Assault GBH
can be severe. Based upon the nature of the allegation, the experienced criminal defense attorney can navigate you to the best possible result – through trial or otherwise.
Hiring the right criminal defense lawyer
may be one of the most important decisions you make for yourself and your family. There are many lawyers who claim to do more than what they are able - just as there are many surgeons in the world that are no better than butchers. Do not settle for a legal hack job. Practicing law is a skill that develops over time with experience, commitment, dedication, and God given talent. There are no amateur attorneys at Hilf & Hilf, PLC
– only professionals that are guided by the humanity in the individuals we serve, and the drive not to settle for what is easy over what is right