Not Guilty – Assault With a Dangerous Weapon (Felonious Assault), Felony Firearm: Detroit

Felony Firearm Lawyer - MichiganCharge (Count 1): Assault With a Dangerous Weapon (Felonious Assault)
Felony: Imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both
Charge (Count 2): Felony Firearm
Felony: 2 Years consecutively and preceding any term of imprisonment imposed for the felony or attempted felony conviction
Charge (Count 3): Possession of Marijuana
Misdemeanor: 1 year jail
Charge (Count 4): Reckless Discharge of a Firearm
Misdemeanor: 90 days jail
Court: Wayne County Circuit Court
Motion for Bond Reduction: GRANTED; $75,000 cash bond reduced to $10,000/10%.
TRIAL: One day Bench Trial
Disposition: NOT GUILTY as to all felony charges, guilty as to misdemeanor charges. Nine months probation, no jail.
Note: This case involved the issue of whether or not the Defendant “knowingly” pointed a handgun at a police officer.  After the conclusion of the trial, the judge determined that the Defendant lacked the requisite intent to commit the crime of Felonious Assault (i.e., he did not “knowingly” point a gun at the officer). Because Possession of Marijuana and Reckless Discharge of a Firearm are both misdemeanors, the Defendant could not be convicted of Felony Firearm (i.e., he didn’t possess a firearm during the commission of a felony), thereby avoiding an automatic two year prison term.  The fact that the “gunman” was accused of barricading himself in his home for 8 hours after the incident, was not relevant to the determination.