Accordingly to MCL 750.235b, the use of dangerous weapon against student or school employee has been identified generally as a criminal misdemeanor. It is in fact a 1-year criminal misdemeanor, and it can also be increased to a 10-year felony, if the act is being carried with specific intent to threaten or have an overt act to carry out the threat. In either circumstance, in order for the criminal statute to be maintained, the threat must be reasonably interpreted to be harmful or adverse to human life and the threat must be made verbally, through the use of electronic device or system, or through other means. However, in order to be convicted of use of dangerous weapon against student or school employee requires, at the least, that a dangerous weapon be used.
In order to determine the definition of a dangerous weapon, we look to the statute for guidance and interpretation. The statute explains that a dangerous weapon is a knife, stabbing instrument, brass knuckles, blackjack, blue or other object specifically designed or customarily carried or possessed for use as a weapon. The statute also indicates that the use of a firearm or explosive will also satisfy the requirement for the criminal act. Of course, the act must have occurred on school property or grounds. Therefore, if the use of dangerous weapon against student or school employee occurs at someones home or other location not fitting within he definition of school or school property, then an individual would not be guilty of the underlying statute. School property has been defined under the statute to include building, playing field or property used for school purposed to impart instruction to children or used for functions and events sponsored by a school.
It is important to note, as explained above, that use of dangerous weapon against student or school employee requires specific conduct and circumstances in order for the criminal charged to be substantiated. However, this does not negate the potential impact and severity that an individual can face if they are charged under the statute. A criminal misdemeanor or felony can have serious repercussions on an individual’s life and freedoms. Whenever an individual is suspected or could be charged with a criminal offense, it is imperative that they contact a criminal lawyer immediately.
You should never rely on this information or any other information on this website or any website when wanting or attempting to represent yourself before any local or federal court, tribunal or legal entity. You should always lawyer-up and obtain proper representation for any legal question, issue or matter.