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    SaraKammeraad's Avatar
    SaraKammeraad Posts: 82, Reputation: 2
    Junior Member
     
    #1

    Jul 16, 2011, 11:02 PM
    Being charge with Felonious Assault with a motor vehicle
    I am being charged with felonious assault with a motor vehicle. I have been trying to find the exact definition for this charge in Michigan and can not find anything. I was taken to jail after my brother inlaw broke into my moms house assaulted her and me and kidnapped my kids. He did this because it was retribution because I left his brother, my husband the night before because he was drunk and became abusive. When he took them and finally had gotten them in the car I followed in my car. Long story short I blocked them (husband, brother in law and great aunt inlaw), into a driveway and was waiting for the police. The police come, an officer talked to me for about 3 minutes but cut me off 2 times and was in general being a jerk. My brother in law told this officer that I hit him with my car, which I did not and both of the people with him told the officer that I did not hit him and I still went to jail. The police did not go to my mother's to take her statement of the home invasion and assault. She is dealing with that. I am so confused about this. I did not hit him and he had no marks for the officer to even be able to assume that I could have. The officer did not take a real statement from me. I am going to fight this charge and I will win, because I did nothing, but follow someone that took my kids that is a drug addict that is bipolar and was involved in the incident the night before. I would just like to find the definition to this charge for Michigan. Thank you for any links or information.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #2

    Jul 16, 2011, 11:20 PM
    750.82 Felonious assault; violation of subsection (1) in weapon free school zone; definitions.
    (1) Except as provided in subsection (2), a person who assaults another person with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon without intending to commit murder or to inflict great bodily harm less than murder is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.
    (2) A person who violates subsection (1) in a weapon free school zone is guilty of a felony punishable by 1 or more of the following:
    (a) Imprisonment for not more than 4 years.
    (b) Community service for not more than 150 hours.
    (c) A fine of not more than $6,000.00.

    In your case the car is the 'other dangerous weapon' and felony is a crime allowing for prison of one year or more.
    How did you happen to have them 'blocked in a driveway?' That sound ominous. It was not wise to chase a car with children in it, no matter what had happened before. You should have called the police when the BIL entered your mother's home. But rather than finding out what terms mean, you should be looking for a good lawyer. NO WAY will you have any luck representing yourself.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #3

    Jul 16, 2011, 11:21 PM
    Oops, it's the middle of the night and I quoted the wrong statute.

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