will need to decide "how strong is the government's case against 2021 HerLawyer.com. The other options are more case-specific, such as mistaken identity or consent. I would bet dollars to donuts IF he didnt own it he obtained it illegally. If you can donate more or become a monthly donor, even better. Call Prain Law, PLLC right This incident has reached areas of the world I never thought possible, with love and support pouring in from all. That is ridiculous. He is only 17 & is a BIG boy.now imagine adding alcohol or drugs to that & get him in a rage. NOTHING at all ! But his competency to stand trial will likely be an issue. Laws Ann. Thank you for bringing your perspective to this comment thread. This information is not intended to create, and receipt Michigan Felonious Assault Defense Lawyer, a convicted liar as your accuser, I too saw the video and the Marine (recruiter?) I am a minister and I am praying for this young woman, but I am also praying for this child serious mental help and not prison. SAGINAW, MI A Michigan State Police trooper is facing criminal charges for repeatedly punching a Saginaw man during an arrest, an incident that was captured on video. The commenter is incorrect about his first claim. They will probably bring in one from another county as I know many of them are and fill up our schools with more of these ESE students. Justice for Brandon. (Im raising a child diagnosed with autism in 2007.) This is the name that will be displayed next to your photo for comments, blog posts, and more. Felonious Assault in Michigan: Charges, Penalties & Defense possible outcomes are? Do you understand he doesnt have the capacity to do that? Most defendants are released on bond. He is not a threat, says the mental health advocate.. Thought about driving school bus after retirement, having second thoughts now. The two key components of simple assault are physical contact or fear of harm. But it is clear from the circumstances that the student is in ESE, or Exceptional Student Education. The initial reports from other media were cribbed word for word from a sheriffs release, which did not refer to the students ESE status. Brendan Depa is a seventeen-year-old autistic man-child that needed attention in a proper facility. Yeah, thatd be perfect! WebFelonious assault charges require an excellent attorney at Grabel & Associates. He seemed to express himself pretty well and even whined about being Manhandled hismelf. But he didnt actually jump into motion until he saw two other women rush in to attempt to pull him off. Sanitation Support Services has been structured to be more proactive and client sensitive. Where the f&%* are the MEN in this town?! I can sympathize to a certain point in regards to his possible autism. Wow. There are many causes for this , hard drugs and violent media , constant brain pollution , destroyed families , so many people in and out of prisons , so many people lured into drugs and the violent thug life , babies born from addicts , all kinds of things are just destroying brains and lives in America . These violent outbursts are from immature frontal lobes , undeveloped seats of reason , and even adults have the emotional stability of a 4 year old , fly off in a rage over nothing , and for many , violence is the answer to everything .. We have a very very serious mental health problem in America , and frankly I do not think Psych meds is the answer , psych meds are to treat a symptom , but what we really need to address is the CAUSES of all of this and start clearing up our minds and our childrens minds . the training (or security) to deal with potentially violent mentally ill people. My African American Wife who is a Physicians Assistant was in tears as she watched the video unfold.. Ms Naydich will have life long consequences from this attack. any defenses or any Special Instructions to help jurors understand how Not capable of understanding that what he did was wrong? 242. This material may not be published, broadcast, rewritten or redistributed without permission. Taking this special needs child to an adult jail and putting a million dollar bail on him will not help his situation. That indicates to me that he knows exactly how to play the system. a fork in the road: take a Plea or go to Trial. The law is designed to protect the victims and the He has more important things to do than go to jail. It is important to note that all assault cases can carry harsher sentences if the crime was domestic in nature. It does not give you the right to harm others. Plea to enter special programs (for example, if the defendant was under the influence of drugs or alcohol, they can plead to enter a program like Alcoholics Anonymous). Judging a juvenile, with a mental incapacity, as an adult, is absurd. Copyright 2023 The Associated Press. Therefore,I pray that he is shut away in a mental institution for the criminally insane and stays there for 30 years or even the rest of his natural life, if the law allows. But there are always possible legal defenses in assault cases, including self defense and self protection arguments. Obtaining or submitting information through this website does not create an attorney-client and/or confidential relationship. Lets not do what Hitler did who deeded the mentally ill unfit to live, and tried to have all of them rounded up and killed. Brendan J. Depa, 17, was charged with aggravated battery on a school board employee, a first-degree felony punishable by up to 30 years in prison. You can also set up a free consultation with trial attorney Scott Grabel by contacting us. Click this link for our article Note: You should never use aggressive or overly assertive tones with known aggressive autistic people. Another officer handcuffed Rios and placed her in the back of the police vehicle, which was hit by the train as officers were searching her car. They are advised of their right to an attorney. or viewing does not constitute, an attorney-client relationship. Matanzas Student Charged as Adult with 1st-Degree Felony in Assault on Teacher Aide. twice just last year for major corporate Embezzlement but was never convicted, Sexual Assault in Civil vs. Criminal Court. He did not belong at Matanzas High. Accidental Harm: incident occurred accidentally, Consent: victim consented to the assault, or. Hes assaulted 3 other people. The prosecutor will have to prove its case beyond a reasonable doubt, making it easier to find potential weaknesses. Winds light and variable. She is the most LOVING and very smart but she does not talk and cant do anything for herself. High 54F. Nothing on this site should be taken as legal advice for any individual Prosecutors have dismissed the most serious charge against a Colorado police officer who locked a woman in a parked police car that was hit by a freight train, leaving her with serious injuries. The legal terms are so often used together that it can be difficult to separate their meanings. There are three main elements of simple assault: The penalty is more serious when the simple assault is against a member of a protected class or special victim. While most think of incarceration as purely punishment, the intention is to rehabilitate. At Often people are charged with assault and battery. Required fields are marked *. Being charged under the Be it from the parents of these kids or the companies that are raking in massive amounts of cash. Autism is a melange of mental disorders/conditions including schizophrenia. And nearly got killed for it. This comment goes direct to the school board and FCSO. An alleged attack on a man in early November 2022 has resulted in a felony assault charge against a Rice Lake man, according to a complaint filed Friday, Feb. 23, 2023, in Barron County Circuit Court. If there is any kind of fight or physical scuffle, the police will often arrest all parties involved, regardless of who started it, and who is to blame. Prain Law, PLLC, your If you do, we'll connect you to a qualified lawyer today. to properly apply the law and find you NOT GUILTY). If you donate the cost of a scoop of ice cream, you will be helping us continue to provide comprehensive local news and honest, serious journalism for our community. A person commits an aggravated assault or assault and battery upon an individual with a disability if, in the course of the assault or assault Any person who commits a simple assault or battery upon an individual with a disability is guilty of a Class A1 misdemeanor. This is a felonious assault punishable by any prison term up to a life sentence. please update to most recent version. One of the options for a simple assault charge is to plead not guilty. ' Bakunin On Anarchy, by Sam Dolgoff. I can only wish that you or your child is sitting next to one of these kids and feel their wrath. 82. He is a monumental problem, and we should be taking steps to ensure that he is not exposed to anyone else that will challenge him on a level where he thinks he needs to react like this. Hell do again to someone else if they piss him off because he has issues. If you commit an assault with the intent to do great bodily harm but less than murder, you may be found guilty of a felony and sentenced to up to 10 years in prison and $5,000 in fines. These children deserve an education like any other child. Here are a few possible reasons: Judges who are pro-prosecution; Judges Also, you must consider how the Michigan Rules of Evidence will affect your Children who are in foster care and have reached a certain age get money to be able to purchase items (even when living in group homes). there are always the defenders of the violent, until, they, themselves have becomes victims. And dont forget those teachers and staff that will suffer PTSD from witnessing this horrific beating. the Michigan Felonious Assault. Yes, Bakunin likely would have opposed fascism in the sense that the antifa movement opposes fascism, and nationalism, too, just as he certainly opposed communism and socialism. who make bad evidence rulings denying you substantial parts of your defense; This felony charge will eventually get reduced to a misdemeanor, hell be sent to an anger management course and on completion be back in class. To beat a simple assault charge, a defendant can use a plea agreement/bargain where they admit guilt and are convicted. He most likely needs to be placed in an institution. When will we stop treating school as a day care used to babysit children? This child who is special needs and is said to be 6ft 6 and weight over 230 pounds is in big trouble, because this Ron DeSantis Florida, and he is Black. Try him as an Adult and lock him up for a good long time before He kills the stupid Bitch, Im gonna kill you. Its refreshing to know our State Attorneys Office puts the victim first. Lock him up, Hell understand that. By habitual offender, this means prior convictions for a felony or an attempt to commit a felony. Also, many foster parents go out of their way to provide normalcy for their kids. Dont care that hes autistic, then put him in a place where he cant play video games and behave like an animal when hes told he cant play them. Still: Absent a clear inability of the defendant to weigh the severity of the charges and understand court proceedings, Florida sets a very high bar for incompetency. This charge is a felony, and a person convicted of Assault GBH here in Michigan can be punished with up to 10 years in prison, or a fine of up to $5,000. Sue Urban, a mental health advocate in Flagler whose son Nicholas took his own life in 2018, soon after graduating from Matanzas High School, has spoken on behalf of Depa before the Flagler County School Board and in a video she posted on social media that has since been picked up by media outlets abroad, in tandem with accounts of the attack. A police report can be invaluable evidence in an assault lawsuit. This means the prosecution wants the judge to consider your prior convictions and give you a harsher sentence because of them. Thats why this kind of thing continues to happen, no consequences for bad behavior. I have a nephew who is on the higher end so I know what his parents are dealing with. On one hand the assault provoked outrage and revulsion at the violence of the act as depicted in the video, in a school hallway: the attack left Naydich unconscious as Depa continued to pummel her with close-fisted punches to the head and back. This means if the victim was a spouse, ex-spouse, significant other, someone you share a child with, or roommate, you run the risk of having your sentence increased. Will admit our children need love and help. Matanzas High School Special Education Student Arrested in Attack of Teacher Aide. Criminal defense lawyers can help one understand the criminal justice system and decide the best route. Michigan Felonious Assault law, MCL 750.82, and more importantly, the standard Michigan Criminal Yea, along with teaching my side gig is a bus paratrust me, you do not want to drive a bus! She could have died. They need a rehabilitation system that will with rehabilitate or manage. Brandon has 3 other incidents. There was a problem saving your notification. Vazquez was fired from the police department in December, Platteville police Chief Carl Dwyer said Friday. Texas 12.33, 12.32, 22.02 You can beat a felonious assault charge if you can build a strong defense to prove any of the following: false accusation, lack of intent, and self-defense. Prain Law, PLLC is focused only on the types charges featured on our website. At The Dailey Law Firm, P.C., we are proud to provide aggressive and thorough legal representation to the individuals and business of Michigan, Illinois, Missouri, and across America. Easy answer - you CAN'T. Now, yes..they may be serious mental issues, so ok, a judge may decide down the road hes not a criminal per se. A poor result, with reoccurring results from other juveniles. We are available 24/7 to speak with you at our toll-free number, 1-800-342-7896. A felony, assault with intent to commit murder carries a harsh potential sentence. Saginaw County Prosecutor John McColgan filed charges felony misconduct in office and misdemeanor assault and battery against Trooper Paul Arrowood, who works at the Tri-City Post. Special needs or not. They are just coming to use our services. Qualifying his statement by noting the limited amount of information at this point, Furnari said: If in fact the student had known behavioral issues, and if some portion of this was a situation at the school where the school district has some negligence because of some failure in their own system, then it would seem to me an overly harsh approach in terms of how to deal with this situation, from a legal perspective.. Or, fill out the The following charges are felony, or felonious assaults under Michigans criminal statutes (compiled laws): If you are accused of assault someone without intending to cause death or great bodily harm, and with the use of anygun, knife, or other weapon, you could face charges of felonious assault. I watched that video when it first surfaced and due to the behavior of the student, the fact that the victim of the attack is a paraprofessional, and my own personal experience with autism, immediately thought autistic. WebSimple assault (or assault and battery) generally carries misdemeanor penalties of up to a year in jail and fines around $500 to $2,500. Examples of deadly We worry about our schools and as such, have active shooter drills by the professionals. This is not this childs fault. How much do you think his fellow students learned and retained after this scene? Geezer: Thank you for logic. As a society, we should be focused on why so many of our children have this disorder. Some people are IDIOT. he has the Retail Fraud, you would increase your chances of winning at your Michigan Felonious Assault lawyer who can get your complete criminal history through the Prosecution or Obviously, whatever services this young man has been receiving at his Group Home and in this particular school setting are not enough to instill an adequate semblance of of marginal control, let alone guidance. The GBH stands for great bodily harm.. If you are facing a felony assault charge in the State of Michigan, you could be looking at some serious consequences including a variety I expect justice to be brought forth on anyone who harms someone else. Just because hes a big boy doesnt mean hes capable of understanding what he did was wrong which is why special ed students need a different kind of set up to keep all students safe. OK then. To prove Felonious Assault, the prosecution must prove all of the following elements beyond a reasonable doubt: 1) The Defendant either attempted to commit a battery upon the complaining witness or did an act that would cause a reasonable person to fear or apprehend an immediate battery. The term maim includes removing a portion of another persons body or face or damaging it with an intention of causing it to be unusable. Related: Sexual Assault in Civil vs. Criminal Court. Donate by clicking anywhere in this box. The student must take responsibility for his actions. - so you know the exact version of the law the jurors will take to the Especially now that prior incidents have come out. Let those in charge of sentencing decide on appropriate measures and leniency vis-a-vis mental health issues and/or disabilities. You have permission to edit this article. The next victim of his wrath could be your wife at WalMart! Our firm does not represent injury victims, defendants who have already taken a plea or Any individual who assaults another person and who intends to murder or kill that person will be found guilty of a felony offense. But we depend on your support. He was booked at Flagler County jail then transferred to a Department of juvenile Justice jail in Daytona Beach. I dont believe that sending this mentally impaired youngman to prison will do society any good. Experienced Michigan Criminal Defense Lawyer You Can Trust. Ill bet the people who wrote the laws and defined competency were legal beagles, not professionals who are educated and trained in the field of mental health and developmental disabilities. First of all, thats a full-grown, large man. WebTo beat a simple assault charge, one can plead not guilty, request a plea agreement, or use one of the other defenses. Family Independence Agency Employee But I do believe that he should not be in mainstream schools and that he truly needs help. An Assault Attorney Can Help You Fight Aggravated Assault Charges Talking Perhaps he learned how to be violent from the very gaming platform, that was taken from him! and we must discipline kids , we have to , we cannot keep thinking discipline is mean we have to sooth and coddle bad behavior , that is not an answer in my opinion , kids will not die from a spanking , and OBVIOUSLY no kid should be beaten , but a spanking is NOT abuse , and schools need to be disciplined and structured .. From what I see here in this story , this kid was playing nintendo in class or something , and the teacher took it away and the kid threw a raging fit .. Felonious assault is one of the more overcharged crimes, so it is often possible to arrange a charge reduction to a less serious misdemeanor assault charge. or knife on him and also claims you said "This isn't a threat, You could have the best case with the best facts, the best Depa had originally been charged with aggravated battery causing bodily harm after the Feb. 21 incident, but as a juvenile. Now that Brendan Depa has been charged as an adult, they are published here as released. Under Michigan Law, simple Assault and Battery is a misdemeanor, punishable by up to 93 days in jail and no more than $500 in fines. School is a place for education not to subject kids who want to learn to a never ending horror show. The evidence must prove: If charged with a simple assault, one should contact a criminal defense lawyer as soon as possible. To the school not breaking this incident up quicker.Why was the assault allowed to continue for so long? The other options are more case-specific, such as mistaken identity or consent. Do a better job of protecting ALL in our schools. A conviction of felonious assault carries the following penalties: If the felonious assault did not occur in a weapon free school zone, the individual is guilty of a Now what the hell does that have to do with the beating on this woman? This is a problem with our system. clearly falsely accused of Felonious Assault (Assault With a Dangerous The Resource Officer stood around too long before ven attempting to do his job. And will likely have long term effects from this. All the money we spend on cops in this town and he just stands around talking on his phone. (adsbygoogle = window.adsbygoogle || []).push({}); Violence anywhere is unacceptable. You will find penty of Brendan Depas in any prison sytem you walk into. 750.90a, 750.90b.) Originally published on apnews.com, part of the BLOX Digital Content Exchange. It is defined by Michigan statute as an assault, without a weapon, that results in a serious or aggravated injury. When your freedom is in jeopardy, an experienced attorney is a necessity. WebYou're often in the best position to gather the evidence you need to prove your damages after an assault. Marx argued for a centralized form of government. What an absolute disgrace this guy is. Your purchase was successful, and you are now logged in. Submitting this form below will send a message to your email with a link to change your password. We only serve individuals currently under investigation or who have a About the Law Enforcement Misconduct Statute. Think of it as buying a scoop, in every sense of the term! Charging Depa as an adult may placate a large segment of the public reaction demanding action against the student. The collision occurred after multiple law enforcement agencies responded to a report of a road rage incident in Fort Lupton, Colorado. A sheriffs spokesperson said Sunday evening he was now held at the county jail, on $1 million bond. Sam Bernstein of ArborYpsi Law is an experienced Michigan criminal defense attorney who can gather the evidence needed to provide you with a strong chance of obtaining a favorable outcome. Such charges typically result in limited time in detention, and probationary terms. They also get Christmas which may come as a shock to you. Before trial the state reduced the charge to attempt, but the court found the juvenile guilty of felonious assault premised on the use of a deadly weapon - the ground. And he knows very well you dont put your hands on someone else.While this young man with a prior record will most likely get a pass and at most a slap on the wrist.I have yet to see in these articles where his mental health status has been confirmed. Sometimes, both. Arrowood and his partner encountered a man walking on Webber Street near Julius Street in Saginaw. They make over 5k a month housing these kids and the residents of this county get stuck baby sitting them on school days. This should never have happened. But, in Bakunins day, the primary opponent was bourgeois capitalism. The legak deifintion of Insanity/Mental incompetence is not the saem as the ones used by Mental health Professionals in treatment settings. This is not this childs fault. can help predict when this is possible where others can't. Great bodily injury is defined by Michigan statute as one that causes serious impairment of a bodily function or internal injury, serious burns, severe cuts, poisoning, or multiple puncture wounds. You have permission to edit this article. A False Accusation - A false allegation by the victim to get someone arrested is not uncommon in a domestic violence case. He surely knows right from wrong. It wasnt like he caught her off guard in a back alley. There are some circumstances where this potential punishment can be increased. We are bigoted because we expected consequences? Hitting or touching someone in an unwanted, offensive manner even threatening or attempting to do so is referred to as assault and/or battery and can lead to criminal charges. - in which case you can serve Simple assault carries the least punishment and entails the intentional act of causing a person fear of a battery or attempting to cause harm. DENVER (AP) Prosecutors have dismissed the most serious charge against a Colorado police officer who locked a handcuffed woman in a parked police car that was hit by a freight train, leaving her with serious injuries. But it is amazing to me that the media did not print from the beginning that this is a special needs child, thats right a child who happens to be 17 years old who lives in a group home. Appling will also serve two consecutive years, for a felony firearm charge, in the Michigan Jail and rehab is what needed here. The board has agreed, at the instigation of Board member Christy Chong, to discuss the possibility of openingor rather re-openingan alternative school for disruptive students. He is not a threat.. That is a huge part of the failed system in this state. These individuals that need specialized mental health rehab are ending up prisons. Good. So lets say YOU were the teachers aide. up of parts called "elements," and the Prosecutor must prove He did not belong in Matanzas High. WebAny person who shall assault another with intent to do great bodily harm less than the crime of murder, shall be guilty of a felony, punishable by imprisonment in the state prison, not more than ten years, or by a fine of not more than $5,000. Most often, people with simple assault charges will get a misdemeanor. High Five Defense: the defendant did not mean the action as a threat with no intent. who can explain your side of the story, under Michigan Rule of Evidence Can we please fire the guy that walks up at 1mph and sets his phone down, allowing her to take the extra 8 punches after she is already unconscious. Why? (2) Why was this poor teachers aid put in this type of special setting with no training in handling special needs kids like this boy. WVU faculty weigh in on aftermath of chemical spill, Clay County native honored by FBI for accomplishments as Assistant U.S. Attorney, Chocolate chemistry explained by a food scientist, Sweets with a Swiss twist for Valentine's Day, Tres formas de aprovechar al mximo su plan Medicare Advantage, Worlds leading construction equipment manufacturer to host 9 finalists to determine 2023 Global Operator Challenge World Champion. Weve done the legwork and spent countless hours on finding innovative ways of creating high-quality prints on just about anything. Matanzas Assault Case: A Miscarriage of Justice Hardens Before Our Eyes, Florida Bill Would Require Bloggers to Register With State and Turn Over Financial Accounts, Challenged in Flagler Schools: McCormicks. There is another, more subtle difference between the two crimes. Police Beat; Reach out to Us! Hope that teacher aid recovers wellif was I, he would of killed me. Most of the outrage here should be aimed at why are there so many children with autism? He is not a threat.. more than 4 years. It looks like the group home is going to be looking for another client. 5) to beat the Michigan Assault charge using the Self Defense Act, you are only allowed to use the degree of force that seems necessary at the time to protect yourself from danger. You assaulted someone with a deadly weapon. Former Michigan State basketball player Keith Appling was sentenced on Friday before Judge Michael Hathaway receiving 18 to 40 years in prison for second-degree murder, in connection to the May 2021 shooting and death of Clyde Edmonds. Former Michigan State basketball player Keith Appling was sentenced on Friday before Judge Michael Hathaway receiving 18 to 40 years in prison for second-degree murder, in connection to the May 2021 shooting and death of Clyde Edmonds. Email notifications are only sent once a day, and only if there are new matching items. From the school not monitoring him closer. There are not enough placements for the huge numbers. According to the Michigan Penal Code ( 750.84 ), assault GBH is punishable by imprisonment in a state prison for up to 10 years, along with a fine of up to $5,000.