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Michigan Felonious Assault Charge Avoided CPL Saved
Felonious assault in Michigan is a felony that could result in jail time, loss of gun rights, and a violent felony on a criminal record. This charge is taken seriously by both prosecutors and judges because they have an interest in showing the people of Michigan that it is not acceptable to threaten another person with a dangerous weapon. Therefore, people charged with felonious assault in Michigan often turn to the experienced assault attorneys at the Barone Defense Firm to defend them and minimize the consequences of a felonious assault charge.The Incident
In this case, our client got into a road rage incident with another person on a road in Wayne County. It is very common for felonious assault charges to stem from disagreements on the road. The Client in this case felt that the other driver was purposely trying to hit him and felt that his life was in danger. The alleged victim felt that our client was the aggressor. In the heat of the moment the Client brandished his firearm to diffuse the situation.
The alleged victim took pictures of our client’s car and called the police. The report of the incident said that the Client pointed his gun at the alleged victim and made a threat. This would line up with a felonious assault charge. The detective assigned to the case used the picture of the vehicle to track our client down and arrest him at his house. The detective also confiscated the pistol involved in the incident. The detective told the Client that he should be prepared for a felonious assault charge.Selecting an Attorney
After being arrested, the Client did the right thing and promptly began searching for the best felonious assault attorney in Michigan and found the Barone Defense Firm on Google. He left a message with the Firm’s answering service and received a prompt call back from Ryan Ballard, Associate Attorney and client intake specialist at the Firm. Mr. Ballard listened to his recollection of the incident and his biggest worries about how this could affect his life. Mr. Ballard then walked him through a gameplan as to how the assault attorneys at the Barone Defense Firm could minimize the consequences of a felonious assault charge. Finally, Mr. Ballard walked him through the attorney in the Firm best situated to help him with this specific case- Senior Attorney, Ryan Ramsayer. Feeling very comfortable and confident with this plan, the Client paid a deposit on the fee and signed a representation agreement to officially hire Ryan Ramsayer.The Criminal Case and the Result
Although the detective originally intended on filing the charge as felonious assault, Ryan Ramsayer was able to setup a meeting with himself, the Client, and the detective to discuss the incident. Through Mr. Ramsayer’s advocacy at this meeting, the detective recommended only a misdemeanor brandishing charge be filed. This was an immediate victory in the case.
Over six months later, the prosecutor filed the brandishing charge. Although the brandishing charge was much better than a felonious assault charge, it would still result in an eight-year suspension of the Client’s Concealed Pistol License. The Client wanted to avoid any CPL suspension whatsoever. During pretrial negotiations, Mr. Ramsayer convinced the assistant prosecutor to allow a plea to Illegal Transport, a 90-day Misdemeanor with zero CPL impact. The Client was very happy with this deal and plead guilty to illegal transport of a firearm. He received non-reporting probation for six months. No jail, community service, or anger management counseling ordered.