If a person is infected with a dangerous or lethal disease, it is important to monitor the transfer of bodily substances to other people. According to Michigan State law, it is illegal to release or use a harmful biological substance for an unlawful purpose–this includes if a person gives a sexually transmitted disease to another person, after declining to tell their partner they were infected. Most of these incidents handled by aggressive Michigan criminal defense lawyers are particularly distressing for the suspect. Not only is personal information regarding their health announced publicly, many personal freedoms and liberties will be compromised if convicted of criminal charges. Such is the case of a Clinton Township man who is being prosecuted for assault and bioterrorism after a biting incident involving a neighbor.
<h2>Allen is accused of using HIV as a weapon against his neighbor</h2>
In October 2009, Daniel Allen allegedly attacked a neighbor and bit him in the lip over a disagreement regarding football. Even though his criminal defense attorney maintains that Allen was beaten because he is homosexual, the courts still charged him with two Michigan assault charges, each carrying a maximum penalty of ten years behind bars. However, after Allen revealed that he is HIV-positive, prosecutors added a count under the 1998 Michigan bioterrorism law, which prohibits the possession or use of a harmful biological device or substance. In this case, Allen is accused of using HIV as a weapon against his neighbor, adding another possible five years in jail if convicted.
The bioterrorism charge stirred the passions of AIDS and civil liberties activists across the nation. According to civil rights activist James Galen Jr., these charges against Allen simply perpetuate the social stigma surrounding the disease, and makes a boldly public statement that being infected with the HIV or AIDS virus is a crime. “If you are charged as a terrorist for being HIV-positive, then you can probably be charged if you have a common cold,” he commented.
Additionally, state legislators are worried that the bioterrorism law is not specific enough, prompting numerous discussions about clarifying the terms. Many believe that the intent of terrorism has not been appropriately applied in this case, and thus does not make the law itself efficient. Written in 1998 by now Congressman Gary Peters, the legislation was intended to aid police officers in addressing terrorist threats involving “biological or chemical weapons.” The American Civil Liberties Union insists that the legislation, amended in 2004, was not originally intended to include a HIV-positive person biting another person. In the end however, it will be the courts who decide if Allen’s biting attack is included within the scope of the bioterrorism law on Monday, May 10th.
Being accused with Michigan assault charges is difficult enough for anyone to go through, let alone being accused of bioterrorism. In addition to carrying significant legal consequences such as jail time, conviction will ruin a person’s reputation and create further social stigma toward them. To prevent this from happening to you, it is essential to take proactive steps to ensure the best defense possible for your case. Contacting hard-working and experienced Michigan criminal defense attorneys immediately can not only provide superior legal advice and representation, it can also help clear your name and prevent prison time.