Jacksonville Beach man now charged with attempted murder, seven months after assault

June 28, 2013

A Jacksonville Beach man already jailed on charges of attacking police with a sword is now facing an attempted murder charge in the beating police were investigating in the first place. Maximillan Michaels was already facing three counts of Duval County aggravated assault on a law enforcement officer for swinging a sword at police when they came to check on someone in a Jacksonville Beach home, according to a report in the Florida Times-Union. Police were called by a neighbor to check on a woman who had not been heard from in days, the newspaper reported. Police were met by Michaels and officers had to use a Taser to calm him down and arrest him, the newspaper reported.

Police found the woman who lived in the home in a bedroom with severe injuries to her head and face, the newspaper reported. Police have not released information on why Michaels was in the home, nor if he and the victim knew each other. The attempted murder charge was added so late because the victim needed months of rehabilitation before she was able to identify the man who attacked her, the newspaper reported. The new charges against Michaels also include false imprisonment. Felony murder, or attempted felony murder, can be charged when someone is killed or police believe someone was left for dead, in the commission of another felony. In this Jacksonville Violent Crimes Case, the state appears to be using the false imprisonment as the felony that Michaels is accused of committing as the grounds for attempted felony murder.

Attempted felony murder is a first-degree felony punishable by up to life in prison. In order to be convicted of attempted felony murder, the defendant must be convicted of the underlying felony - false imprisonment in this Jacksonville Violent Crimes Case. On its own, false imprisonment is a third-degree felony punishable by up to five years in prison. That's less severe than what Michaels was already facing. Aggravated assault on a law enforcement officer is a second-degree felony punishable by up to 15 years in prison, so he is facing 45 years on those charges as well. A person does not have to be the person involved in the actual killing or injuries to be charged with felony murder or attempted felony murder. In one recent Jacksonville Violent Crimes Case, the getaway driver and mastermind of a series of armed robberies was found guilty of felony murder after her accomplice was shot and killed by police.

The timing of the attempted murder charge against Michaels is understandable, given the injuries to victim and the fact police had time to investigate with little fear Michaels would be going anywhere. In many Jacksonville Violent Crimes Cases, if a suspect is already in custody on another charge, police will continue to investigate the more serious charge and then add the new charges while the person is in jail. Michaels was originally held on $150,000 bond, meaning he'd need $15,000 to get out, and the state likely figured it had time to get its case lined up and that Michaels would not be able to post bond. Michaels no longer has a bond, so he will be held in jail until his case is resolved.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Duval County Violent Crimes Attorney, Victoria "Tori" Mussallem, is available 24 hours a day, 7 days a week.