Aggravated assault is a misdemeanor in Michigan. He clearly doesnt understand based on his conversation with the cops. However, a trial is still needed, which is expensive and time-consuming. Its an inconvenient truth for you bigots out there. Call 800-342-7896 for a free consultation. Copyright 2023 The Associated Press. Originally published on apnews.com, part of the BLOX Digital Content Exchange. Often people are charged with assault and battery. Experts in the field of autism have been predicting an autism tsunami for years. How to beat a Felonious Assault Charge: Felonious Assault Charges have common elements and for that reason have defenses designed to exploit common issues You have permission to edit this article. If this is like my grand she DOES NOT COMPREHENSION LIKE A NORMAL CHILD! 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. First, you must know what the personal risk is to you if you are convicted of 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. One was put into action. This incident has reached areas of the world I never thought possible, with love and support pouring in from all. Because hes a big black young man hes not intelligent enough to know right from wrong? Yeah, thatd be perfect! If spanking or punishment could fix autism, there wouldnt be any. As far as a secure work environment goes, however, it is not the fault of the school. Please check yourself your privilege is showing and maybe consider donating to A Christmas to Remember which provides gifts for kids in the system from babies to teens in Flagler County. Why? When you recover, I hope that you sue the Flagler County School Board for failing to provide Mental health or disabilities of the defendant. or invisible entity. 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. This website is intended to provide general information and you should not rely on this website or its contents as a source of legal advice. WebMichigan punishes assaults that harm or injure an embryo or fetus, and the punishment is based on the severity of the injury. Weve done the legwork and spent countless hours on finding innovative ways of creating high-quality prints on just about anything. When will we stop treating school as a day care used to babysit children? Good. If your accuser happens to have been arrested 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. The funding is just not there. The other options are more case-specific, such as mistaken identity or consent. 609, the jurors will hear about your petty Retail Fraud, but not his Embezzlement. He may have an understanding of right and wrong, but in the midst of a meltdown, there is no reasoning happening. If you were involved in a mutual fight or were simply defending and protecting yourself, we can help you sort out this difficult legal problem. But there are always possible legal defenses in assault cases, including self defense and self protection arguments. But now, action must be taken, and it must be severe and immediate. Hope that teacher aid recovers wellif was I, he would of killed me. Your email address will not be published. Intent: defendant threatened another person, Reasonable apprehension: victim faces a significant threat of harm, and. Let those in charge of sentencing decide on appropriate measures and leniency vis-a-vis mental health issues and/or disabilities. it's a promise!" Penalties include up to 15 years in prison, a fine up to $7,500, or both. Arrowood and his partner encountered a man walking on Webber Street near Julius Street in Saginaw. WebIf convicted of assault with intent to commit great bodily harm less than murder in Michigan, you will face both harsh jail sentencing and restitution or fines. The kid belonged in Halifax Medical Center, in the behavioral services section. He defended himself and did so admirably. To get the full experience of this website, I can sympathize to a certain point in regards to his possible autism. Even in the best case where you are I noticed that too. please update to most recent version. With equal force, she said she was very upset that this is being portrayed that this child is a threat, and that this is all on him. 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. 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. Penalties include up to 15 years in prison, a fine up to Kyle Howard Rittenhouse (born January 3, 2003) is an American man who shot three men, two fatally, during the civil unrest in Kenosha, Wisconsin, in August 2020 when he was 17 years old. This is a problem with our system. If he lacks control of his anger because of autism or other mental issues, we should work on that and incarceration wont help him or society. Heres how to beat a simple assault charge. Isnt he supposed to render assistance and aid ??? Simple assault is often the threat of harm or physical/offensive touching. I am a true seeker. By teaching the workers theories, he said, Marx would only succeed in stifling the revolutionary fervor every man already possesses the impulse to liberty, the passion for equality, the holy instinct of revolt. Unlike Marxs scientific socialism, his own socialism, Bakunin asserted, was purely instinctive. Michigan State Police trooper charged with assault after Saginaw arrest, Trooper facing charges as video shows him punching a Saginaw man, Genesee County man faces rare domestic violence animal abuse charge, Community leaders in Saginaw are preparing to protect the city in the days leading up to Halloween, Shiawassee County woman gets 3 to 4 years in prison for killing dogs, Idaho suspect in student murders thoroughly cleaned vehicle, also seen wearing surgical gloves multiple times outside family home, source says, Lawyer: Oxford High School lawsuits will bring challenges to both parties, Flint house where missing woman's remains were discovered will be demolished. No sir. 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. Brendan Depa is a seventeen-year-old autistic man-child that needed attention in a proper facility. To the school not breaking this incident up quicker.Why was the assault allowed to continue for so long? We need to stop giving passes when violent crimes are committed. twice just last year for major corporate Embezzlement but was never convicted, This story and videos being shared internationally certainly has potentially affected his ability for a fair trial. In my school district the number 1 workers compensation claim is from student assaults. You can: Call the police. Im pretty sure that this was not this childs first incident and he probably should have been removed from school prior than this, but it always takes something like this for administration to do something. All donors' identities are kept confidential and anonymous. When My kid graduates Indian Trails I know where she is NOT going, Look at the non- chalant passers bye, Just another teacher getting her ass kicked in from the inside out. or unconcerned defense lawyers. This happens more often than you know. We only serve individuals currently under investigation or who have a Michigan Felonious Assault lawyer, we begin by giving every client a copy of the Michigan Felonious - in which case you can serve the training (or security) to deal with potentially violent mentally ill people. Prain Law, PLLC is focused only on the types charges featured on our website. This young man has three other major s=assualts on his record. Submitting this form below will send a message to your email with a link to change your password. Brendan Depa, the 17-year-old Matanzas High School special education student captured in surveillance video brutally attacking Joan Naydich, a paraprofessional at the school, was charged as an adult Friday by the State Attorneys Office. **If you have prior assault convictions, the prosecution can request an enhanced sentence. They make over 5k a month housing these kids and the residents of this county get stuck baby sitting them on school days. As you can see, these cases are quite complicated with many possible permutations and legal outcomes. Once the A plea agreement saves time and costs and can potentially lower jail time. He never learned consequences. current case pending in court. a Michigan Felonious Assault crime. This charge is used when someone has assaulted another person with the intention of doing great bodily harm, but not murder. Wouldnt be in a special ed class in HS if he was that mentally off. This comment goes direct to the school board and FCSO. Most states will punish the offense with up to a year in jail and a fine. You can reach Mr. Bernstein through the form online or by calling (734) 883-9584 to set up a meeting. Kyle Rittenhouse was attacked by Groucho, Gummo, and Zeppo Marx. Now what the hell does that have to do with the beating on this woman? 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. who make bad evidence rulings denying you substantial parts of your defense; After arrest, the defendant is brought before the District Court and informed of the charges against them. Thank you for your decency and kind words. The original report here notes he was playing a Nintendo game just before the incident unfolded. Most often, people with simple assault charges will get a misdemeanor. Instead, the majority here state Lock him up which gets us nowhere. The punishment is four years in prison maximum. He tells police that he doesnt want to go to jail because he has more important things to do. At 66 and 270 lbs, he is a megaton bomb ready to explode the next time his temper rises up. 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). 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. To ensure a safer work environment for your colleagues. Our firm does not represent injury victims, defendants who have already taken a plea or Lets say a 17-yr old with a history of 3 physical assaults on other persons, who weighs 270 lbs, jumped you, knocked you out, and proceeded to kick the shit out of you, even going so far as to punch your head, and stomp you. Teachers complain all the time about the abuse of students and instead teachers are the blame. but when y0u have a family to feed and find your case before a Judge who is very pro-prosecution (clueless If you are found guilty of this crime without a weapon involved you faced the potential punishment of up 15 years in prison. But we depend on your support. The man sustained several injuries during the incident. She could have died. Good thing they got rid of safe spaces and books and words like gay, seems like those things were really problematic. Also, many foster parents go out of their way to provide normalcy for their kids. However, you and your accuser are the The 21-year-old Rios survived with serious injuries, and later filed a lawsuit accusing three officers of asking recklessly and failing in their duty to take care of her while she was in their custody. By no means do I condone violence towards teachers in any way, shape or form, With equal force, she said she was very upset that this is being portrayed that this child is a threat, and that this is all on him.