Michigan Supreme Court upholds 2017 assault convictions after appeal from attorney general
(CBS DETROIT) — The Michigan Supreme Court has upheld the convictions of a man for assaulting a victim with a knife.
In 2017, an Isabella County jury convicted Benjamin McKewen of one count of assault with intent to do great bodily harm and one count of felonious assault.
McKewen was sentenced to concurrent terms of five to 10 years in prison for assault with Intent to do great bodily harm and two to four years for felonious assault.
According to the Michigan Department of the Attorney General, the Michigan Court of Appeals issued an opinion in 2018 vacating his felonious assault conviction, arguing it was mutually exclusive to the assault with Intent to do great bodily harm conviction.
In 2023, the Michigan Supreme Court granted Attorney General Dana Nessel's application to appeal the Michigan Court of Appeal's opinion, which reinstated McKewen's convictions.
Nessel argued the convictions were not mutually exclusive, saying the assault with intent to do bodily harm statute allows for multiple punishments for the same conduct. In an opinion released Friday, the court agreed with the attorney general.
"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 in a written statement.
