Michigan Supreme Court upheld the convictions of Benjamin McKewen for assaulting a victim with a knife, announced Michigan Attorney General Dana Nessel. McKewen was convicted by an Isabella County jury in 2017 of one count of Assault with Intent to do Great Bodily Harm (AWIGBH) and one count of Felonious Assault. He was sentenced to concurrent terms of 5 to 10 years’ incarceration for AWIGBH and 2 to 4 years’ incarceration for felonious assault.
In its opinion (PDF), the Michigan Supreme Court agreed with the Attorney General, ruling that the convictions were not mutually exclusive and did not violate double jeopardy protections, as the AWIGBH statute permits multiple punishments for the same conduct.
“This decision reaffirms justice for victims of violent crimes and ensures that those who commit such acts are held fully accountable under the law,” Nessel said. “It makes clear that when someone intentionally assaults another person with a weapon, intending to cause great bodily harm, they will be held responsible for each aspect of their criminal conduct.”
In 2018, the Michigan Court of Appeals issued an opinion vacating McKewen’s felonious assault conviction, arguing it was mutually exclusive to the AWIGBH conviction, though the Court also determined the convictions do not violate constitutional double jeopardy provisions. In 2023, the Michigan Supreme Court granted the Attorney General’s application for leave to appeal, subsequently reinstating McKewen’s convictions.
Original source can be found here.