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To: jeannineinsd

Assault With Intent to do Great Bodily Harm Less Than Murder, the Prosecution must prove, beyond a reasonable doubt, that you tried to physically injure another person, you had or believed you had the ability to cause an injury, or you intended to cause Great Bodily Harm. Actual injury is not necessary, but if there was an injury, it may be considered evidence in deciding whether the defendant intended to cause great bodily harm.

“Great Bodily Harm” means any physical injury which could seriously harm the health or function of the body.

Assault With Intent to do Great Bodily Harm Less Than Murder has a maximum penalty of up to 10 years in State Prison. It can be hard to tell whether an assault causing injury will be charged with Aggravated Assault or Assault GBH. While the misdemeanor Aggravated Assault requires an injury, the 10-year felony Assault With Intent to do Great Bodily Harm Less Than Murder requires no injury at all.

https://www.michiganassaultandbatteryattorney.com/felony-offenses/assault-with-intent-to-do-great-bodily-harm-less/
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750.84
https://www.michigan.gov/documents/mdch/Tab_10__3_11_349838_7.pdf
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“ According to Michigan Criminal Jury Instruction 17.7 great bodily harm means any physical injury that could seriously harm the health or a function of the body.”

What actually constitutes Assault GBH?

According to People v. Stevens, 306 Mich App 620 (2014) n order to be convicted of this offense at trial, the prosecution must prove 2 elements beyond a reasonable doubt: (1) an attempt or threat with force or violence to do corporal harm to another (an assault), and (2) an intent to do great bodily harm less than murder.

Potential defenses

“ There are other potential defenses to Assault GBH, which included (but is not limited to): identity; lack of intent; self defense; defense of others; insanity; and reasonable doubt. Only a skilled defense attorney who can fully review the case can give you an accurate opinion of what defense may be applicable to your case.”

https://www.google.com/amp/s/www.michigancriminalattorneysblog.com/amp/assault-gbh/


17 posted on 05/25/2020 1:31:56 AM PDT by HollyB (Cv timeline)
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To: HollyB

Ands assault on a senior citizen gets enhanced charging rate and extra federal penalties (depending on state)


25 posted on 05/25/2020 2:18:14 AM PDT by spokeshave
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