Assault with Intent to do Great Bodily Harm Less than Murder (GBH)

The Michigan law on Assault with Intent to commit Great Bodily harm less than Murder (commonly referred to as ‘Assault GBH’) is 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 Punishment for Assault GBH?

Assault GBH is a felony charge that is punishable by up to 10 years in prison and/or a $5,000.00 fine. Understand that the law provides the maximum punishment, not the mandatory punishment. Moreover, just because you’ve been charged with felony assault doesn’t mean that you are going to be convicted of felony assault. You may be acquitted of the charge or a plea agreement to a lesser charge such as Aggravated Assault or Assault & Battery may be negotiated.

Assault GBH is a felony which is governed by the Michigan 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.

What Does Great Bodily Harm Mean?

Under Michigan law, 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. As Assault GBH only requires an assault, an actual injury is not required to prove the crime. 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 to prove the defendant’s intent.

Any type of crime involving assault is going to be taken seriously by the court system, but felony assault is treated particularly seriously. The sentence for being convicted of an Assault GBH charge can include a lengthy prison term. If you are being investigated for any type of felony assault or have already been arrested and charged, call the Michigan criminal defense lawyers at Jeffrey Buehner, PLLC. We have the experience you need to find the best possible outcome.

The Best Michigan Criminal Defense Lawyers

Assault with intent to commit great bodily harm is an extremely serious felony charge that deserves an equally serious defense. The criminal defense lawyer you choose to defend your felony assault charge can mean the difference between freedom and prison.  When you are searching for the best Michigan criminal lawyers, search no further than Jeffrey Buehner, PLLC. Jeffrey Buehner has over 24 years of experience in courts through Metro Detroit and Michigan. As a former assistant prosecutor and criminal defense lawyer, Mr. Buehner has handled hundreds of cases in both District Court and Circuit Court. He knows what it takes to fight and win in court.

The consequences of a felony assault conviction can be life-altering.  You don’t want to settle for anything but the best criminal defense attorneys: Call Jeffrey Buehner, PLLC. With decades of experience handling violent crimes, our firm can develop a defense strategy tailored to your case. You and your family want the confidence of knowing that you’ve put Michigan’s best criminal lawyer on your case: call now (248) 865-9640.