Assault with Intent to do Great Bodily Harm Less than Murder (GBH) Charges
The Michigan law on Assault with Intent to commit Great Bodily Harm Less than Murder (commonly referred to as ‘Assault GBH’) is contained in Michigan statute MCL 750.84. The Michigan Assault GBH / Assault by Strangulation or Suffocation statute reads as follows:
(1) A person who does either of the following is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both:
(a) Assaults another person with intent to do great bodily harm, less than the crime of murder.
(b) Assaults another person by strangulation or suffocation.
(2) As used in this section, "strangulation or suffocation" means intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.
(3) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law arising out of the same conduct as the violation of this section.
What IS THE DEFINITION OF Great Bodily?
Great Bodily Harm means any physical injury that could seriously harm the health or function of the body. An assault is defined as an attempt to commit a battery or an unlawful act that places another in reasonable apprehension of receiving an immediate battery. It is important to note that Assault GBH does not require an actual injury: The prosecutor need only prove that the harm or injury intended was serious and of an aggravated nature. In those cases where an injury is inflicted, the nature of the injury can be used as evidence regarding intent.
What is the Punishment for Assault GBH/Assault by strangulation or suffocation?
The penalties for Assault GBH/Strangulation/Suffocation can include:
Up to 10 years in prison
A fine of up to $5,000.00
Probation
No contact orders
Probation
Assault GBH is a felony which is governed by the Michigan Sentencing Guidelines. The starting point for determining what the recommended sentencing range will be for this charge is reviewing the Prior Record Variables and Offense Variables that are used in calculating sentencing guidelines. Many factors go into determining the recommended sentence for Assault GBH including prior criminal history, the nature and extent of the injuries suffered by the victim and the facts surrounding the charge.
An Assault GBH conviction can result in a lengthy prison term. If you are charged with any type of felony assault, it is vitally important that you hire the right lawyer. Jeffrey Buehner has over 28 years of experience in Michigan’s criminal justice system. As a former prosecutor, Mr. Buehner know the tactics used by the police and prosecutors to secure a conviction and how best to defend against these tactics. We will fight aggressively to protect your rights and your freedom.
your best defense to assault gbh/strangulation/suffocation charges
If you are looking for a criminal defense attorney near you, the lawyers at Jeffrey Buehner, PLLC travel throughout the state of Michigan to defend clients. We serve areas including Oakland County, Wayne County, Washtenaw County, Macomb County, Farmington Hills, Birmingham, Royal Oak, Grosse Pointe, West Bloomfield, Northville and Rochester Hills. If you need a criminal defense attorney near you, we will travel to almost any court in Michigan to defend you.
Assault GBH is a serious felony charge that deserves an equally serious defense attorney. Simply put, the criminal defense lawyer you choose can mean the difference between freedom and prison. There is no substitute for trial experience. With over 28 years of criminal trial experience, Jeffrey Buehner is a criminal defense trial attorney with a proven track record of success. Don’t settle for anything less than the best, call Michigan’s best criminal defense attorney Jeffrey Buehner now for a free consultation at (248) 865-9640 or fill out our contact form below.
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