Defending Assault Charges
- Assault and/or Assault and Battery Charges
- Aggravated Assault Charges
- Felonious Assault Charges
- Assault With a Dangerous Weapon Charges
- Assault With Intent to Commit Great Bodily Harm Charges
- Assault By Strangulation Charges
- Assault With Intent to Maim Charges
- Assault With Intent to Murder Charges
- Self Defense
- Defense of Others
The “ladder” of Assault charges in Michigan ranges from misdemeanor Simple Assault and/or Assault and Battery, to capital charges, punishable by up to life in prison. These include:
- Simple Assault and/or Assault and Battery
- Domestic Violence
- Aggravated Assault
- Felonious Assault (Assault with a Dangerous Weapon)
- Assault with Intent to Commit Great Bodily Harm
- Assault by Strangulation
- Assault with Intent to Commit Murder
All Assault charges are aggressively investigated by police, sometimes with mandatory arrest protocols, and are vigorously prosecuted. Only the most capable defense attorneys should handle these charges. For over 35 years, Joseph A. Simon has defended assault charges in Washtenaw and all surrounding counties leading to our case results, peer-reviewed ratings, and our 5-star client ratings.
What Is Assault?
In the state of Michigan, assault is generally defined as a crime in which an individual either causes deliberate physical harm or offers a threat of physical harm to another person. There are different types of misdemeanor charges in Michigan including: Assault and/or Assault and Battery, Aggravated Assault, and Domestic Violence.
Simple Assault and Domestic Violence, first offense, are misdemeanor offenses punishable by jail time up to 93 days (or 90 days under certain circumstances), up to two years probation, and fines up to $500 plus court costs.
Aggravated Assault is an assault and/or battery that results in a serious injury. This offense carries a penalty of up to one year in jail, up to two years probation and/or fines of up to $1,000, plus court costs.
First offense Domestic Violence is also a misdemeanor and is an assault and/or battery that occurs when the victim is someone with whom the offender has had an established relationship or dating history. Penalties for this crime include jail time of up to 93 days in jail, probation up to two years, mandatory domestic violence rehabilitation classes and/or fines of up to $500plus court costs.
Furthermore, domestic violence charges and convictions can invoke additional court orders such as no contact with the complaining witness and no residing at the same location.
In conclusion, even misdemeanor assault charges carry serious consequences in Michigan.It is important for anyone facing an accusation of assault or any other criminal charge in Michigan to contact a qualified defense attorney as soon as possible. An experienced lawyer can provide invaluable guidance throughout the legal process and help ensure you receive the best outcome possible in your case.
What Are the Penalties for A Michigan Assault Conviction?
When someone is convicted of assault in Michigan, they face serious penalties that vary depending on the severity of the offense. A misdemeanor charge can carry maximum penalties from 93 days to one year in jail and/or a fine from $500-$1,000, plus court costs.
Felony assault convictions in Michigan carry maximum penalties from 4 years up to life in prison. In cases where an individual is found guilty of Assault with Intent to Commit Great Bodily Harm Less than Murder, there is the possibility for imprisonment of up to ten years and/or fines of up to $5,000, plus court costs. If an individual was using a weapon during an assault or had prior offenses of similar nature, they may be subject to enhanced penalties. Assault with Intent to Murder is a capital crime in Michigan, carrying the possibility of up to life in prison. The court will consider the criminal history of the offender, their age, sentencing guidelines, and other factors when determining a felony sentence.
It is important to remember that an assault conviction can have long-term consequences, including problems with securing employment and housing, potential deportation for non-citizens, as well as professional licensing issues. In addition to these possible penalties, restitution may also be required by the state or victim in cases involving property damage or medical bills resulting from the assault. All of these penalties should be taken seriously, and every effort should be made to defend or reduce them.
Although the consequences of an assault conviction can be severe, some steps can be taken to reduce or avoid them entirely. Working with an experienced Michigan criminal defense attorney can help ensure that someone accused of assault receives fair treatment and has their rights protected throughout the process.
Defenses may be by way of litigation in court or by way of negotiation through a plea or sentence agreement to help minimize penalties, depending on the circumstances. If you have been charged with assault in Michigan, it is important to seek experienced legal counsel as soon as possible. A knowledgeable lawyer can provide invaluable guidance and advocacy throughout your case.
An experienced Michigan criminal defense attorney can provide invaluable guidance and advocacy throughout your case, helping to protect your rights and ensure the best outcome for your situation. With the right lawyer on your side, chances to reduce or avoid serious penalties for an assault charge in Michigan increase significantly.
Common Michigan Assault Charge Defenses
There are many defenses to assault charges in Michigan. The most common include self-defense, defense of others, and defense of property.
Self-defense is a valid defense to assault charges if the defendant can show that they honestly and reasonably believed that they were in danger of being harmed and that the amount of force used was necessary to protect themselves.
Defense of others is a valid defense to assault charges if the defendant can show that they honestly and reasonably believed that someone else was in danger of being harmed and that the amount of force used was necessary to protect them.
Defense of property can also be a valid defense to assault charges if the defendant can show that they reasonably believed their property was in danger of being damaged or destroyed and that the amount of force used was necessary to protect it.
Other valid defenses include consent, insanity, involuntary intoxication, and entrapment. These defenses may result in reduction of charges, acquittals, or dismissals.
It is important to note that these are just some of the defenses against assault charges in Michigan; there may be other options available depending on the specific facts and circumstances of your case. If you have been charged with assault, it is important to speak with an experienced criminal defense attorney who can help you determine which defenses may apply to your situation.
What Should I Do If I’ve Been Charged with Assault?
The first step someone charged with assault in Michigan should take is to speak with an experienced criminal defense attorney as soon as possible. A skilled attorney can help build a strong defense and provide guidance throughout the entire process. It is important to remember that anything said or discussed between the attorney and the accused will remain confidential under the attorney-client privilege.
Next, the accused person needs to understand the details of their charge including any potential penalties if found guilty. Depending on the severity of the crime, these penalties can range from probation to incarceration and hefty fines. Once there is a full understanding of what’s at stake, then it can be determined how best to proceed with their case.
At this point, the accused will begin to develop their defense. This includes gathering evidence, such as witness statements or police reports and/or video and audio evidence. It is also important for the accused to be aware of all potential defenses that could apply in their case including self-defense or lack of intent. Depending on the situation, experts may also be called upon to provide an expert opinion and testimony.
Once a case has been fully analyzed, the defense can be built.This may be by way of negotiation of a a plea or sentence agreement that would reduce or eliminate any penalties or by way of litigation in court through pretrial motions and/or trial.
Finally, it is important to remember that anyone accused of assault in Michigan is presumed to be innocent and that they have rights that must be protected. An experienced criminal defense attorney can ensure the accused’s rights and provide the best defense possible.
It is essential to seek experienced and established legal counsel as soon as possible following assault charges so that all available options can be discussed to protect one’s freedom and to try to avoid severe consequences.
Assault FAQs
I Was Charged with Assault but I Never Touched Anyone. Is This Legal?
In Michigan, you can be charged with assault, even if no physical contact was made. Assault is defined as an intentional act that causes another person to reasonably fear or apprehend immediate harm or contact. This does not necessarily mean that the other person must have been touched - it only means that they reasonably feared being touched.
An example of this would be brandishing a weapon in front of someone and making threats - even though there has been no actual physical contact, the threatening behavior may constitute a felony assault charge in the state of Michigan. Similarly, the offer of physical force without a weapon, such as cocking a fist, when it is reasonable for the victim to think they are at risk of imminent harm, can constitute misdemeanor assault.
Even if you think that no physical contact has been made and the other person was not placed in any real danger, it's best to talk to a lawyer to make sure your actions don't violate the law. What might seem like harmless fun or joking around could be perceived as menacing by another person and can result in legal consequences.
No matter what the situation is, it's important to be aware of Michigan's laws on assault so that you know how to conduct yourself to avoid potential criminal charges. Understanding these laws is key to staying safe and avoiding unnecessary problems with the law.
I Was Charged with Assault, but I Was Defending Myself. Can I Still Be Prosecuted?
In Michigan, an individual can be charged with assault even if defending themselves if any of the following are true:
- If the act is considered to have been done with excessive force or violence. This can include using a weapon, such as a knife or a firearm to repel non-deadly force, even if it was used in self-defense.
- If the defender attempts to use physical force against another person after having provoked them first. Sometimes the privilege of self-defense cannot be exercised by the original offender.
- If the person defending has not retreated from non-deadly force when safe to do so.
Even if a person's actions are considered self-defense and justifiable, it does not automatically exempt them from criminal prosecution. Ultimately, it is up to the court system to determine whether an individual's actions were lawful and if they constitute a criminal offense. e.
Ultimately, while an individual has some protections when defending themselves in Michigan, they should still proceed with caution when using physical force as excessive or unnecessary violence can result in criminal prosecution. It is also important to remember that self-defense laws may differ from state to state, so it is always best to seek legal advice when faced with such a situation.
What Do the Best Criminal Defense Attorneys Do To Defend An Assault Case?
Ethically, lawyers cannot represent themselves as being “the best” or make claims that aren’t objectively verifiable. That said, the best lawyers adhere to certain practice standards in defending assault cases.
The best attorneys provide sound legal advice and representation for individuals who have been accused of or charged with an assault-related crime. In some cases, the attorney may assist in negotiating a plea bargain to reduce the severity of the charges and potentially avoid jail time. In other cases, the attorney may advise litigation in court. Importantly, a good defense attorney also helps the client understand their rights under the law, as well as the legal proceedings, so they can make informed decisions throughout the entire process.
The best attorneys will review all evidence related to the case and identify any potential weak points that could be used in defending against a charge of assault. They will build a strong defense strategy using this information, as well as any other evidence that may be beneficial for the client. This can include interviewing witnesses, gathering statements from those involved in the altercation, and building a compelling case to prove their innocence.
Moreover, a criminal defense attorney should provide support throughout the entire process by preparing documents, filing motions with the court, where warranted, appearing in court on behalf of their client, and advocating on their behalf. Ultimately, they strive to protect a client’s interests while seeking a favorable outcome in an assault case.
In Michigan, having an experienced criminal defense attorney is essential when facing assault charges. Experienced counsel can help ensure the rights of their clients are protected and work tirelessly to secure a positive outcome so that people can move forward with their lives following this difficult experience.
For over 35 years, Joseph A. Simon has been helping persons charged with Assault crimes protect their freedom, reputation, and future goals. Our attorneys have over 65 years combined experience in criminal defense and an unwavering commitment to excellence in criminal defense. If you or a loved one are being investigated for or charged with an Assault offense in Washtenaw, Wayne, Jackson, Livingston, or Lenawee County, contact our firm for a free consultation.
How Should I Choose My Michigan Criminal Defense Attorney?
To find the best Michigan criminal defense attorney for your case, it is important to do some research.. Look for an attorney who has experience with assault cases and understands the complexities of the law as well as any relevant court rulings or precedents that could help build a successful defense strategy.
Ask questions about their qualifications, previous cases they have handled, and how they plan on defending you against the charges you are facing. It is also important to feel comfortable with the attorney’s communication style and level of expertise to make sure you are getting the best representation possible. Taking all these factors into consideration will ensure that you get an experienced professional who will provide you with the best possible defense for your assault case.
No matter the outcome of an assault case, it is important to have an experienced criminal defense attorney on your side who can help guide you through the process and ensure that your rights are protected. With the right lawyer by your side, you can rest assured knowing that they are doing everything in their power to get a favorable outcome so you can move forward with life following this difficult experience.
What Is the Difference Between Assault and Battery in Michigan?
In Michigan, the law distinguishes between assault and battery. Assault is defined as an attempt to commit a violent injury to another person, while battery is carrying out the act of violence. A person can be charged with either or both offenses depending on the circumstances of the altercation.
Assault generally involves creating fear in another person through physical actions such as pointing a weapon at someone. It does not require any physical contact with the victim; simply making them believe they are in danger is enough to constitute assault.
Battery, on the other hand, involves actual physical contact that causes harm or inflicts pain or embarrassment upon another person. This could include punching, pushing, grabbing, slapping, etc., if it results in bodily harm.
In Michigan, the penalties for assault and battery vary depending on the severity of the offense. A simple assault and/or battery charge is considered a misdemeanor and can carry up to 93 days in jail or a fine of up to $500. Some assaults and battery allegations could result in felony charges and could mean years in prison in addition to serious fines and other consequences such as loss of civil rights.
It’s important to understand the difference between assault and battery if you have been accused of either offense in Michigan. Consulting with an experienced criminal defense attorney can help you navigate through the legal system with your rights intact. Understanding these nuances is key in the state of Michigan.
Will I Have to Go to Trial for an Assault Charge in the State of Michigan?
Whether someone will have to go to trial for an assault charge in the state of Michigan depends on several factors. Generally, if a person is charged with assault and battery, they can either be charged with a felony or a misdemeanor. The charges, the defenses, and the ability for alternate resolutions must be weighed in the decision to try a case. An experienced lawyer will provide structured advice for a client to make an informed decision.
It is important to remember that, even if a person is accused of assault, they are innocent until proven guilty and have the right to defend themselves in court. This means that they can bring forth evidence or witnesses that could help build their case to potentially avoid going to trial altogether.
It is also possible for the defense and prosecuting attorney to reach an agreement which could result in avoiding a trial.
Ultimately, it is important for someone facing an assault charge in Michigan to understand all the options available so that they can make an informed decision about how best to proceed with their case. Consulting with an experienced criminal defense lawyer is always recommended when dealing with such serious matters. In this way, the accused can be sure that their rights are being protected and that all their options are explored to achieve the best possible outcome.
Can I Expunge an Assault Conviction from My Record?
In the state of Michigan, expunging a conviction for assault is possible but not always easy. It depends on the specifics of the case and the person's criminal record and the actual offense of conviction. To be eligible to have their conviction expunged from their record, one must meet certain criteria determined by state law.
For example, an individual might need to wait a certain amount of time before receiving the sentence before applying for an expungement or prove that they have taken steps towards rehabilitation since being convicted. Additionally, some convictions are simply not eligible for expungement under any circumstances; this includes crimes such as murder and other capital crimes.
If all conditions are fulfilled and approved by a court of law, the individual can officially have their conviction expunged from their record. It's important to note that even if a person successfully has their conviction expunged, it does not mean that all records related to the case are destroyed or removed; instead, certain law enforcement and government agencies will still have access to this information.
Overall, while there is potential for an assault conviction to be expunged in Michigan, it is important to understand the complexities of the process and any relevant laws that might apply to move forward with applying for an expungement. Those who seek more information should contact a qualified lawyer or legal representative who can provide further guidance regarding the matter.
Additionally, individuals should always keep updated on any changes in state law that could affect their ability to expunge a conviction. At the end of the day, it is essential to keep in mind that any type of criminal record can have serious implications and should be treated with care.
By being aware of all the conditions as well as knowing one's rights, an individual can make informed decisions about whether they wish to pursue an expungement for an assault conviction in Michigan. Knowing the details can help them determine if this is something they want to pursue and how best to go about it. Having this kind of knowledge can ultimately give someone peace of mind and provide them with helpful information during their pursuit of justice.
