Assault

Michigan Assault Attorneys

Vigorously Defending People’s Rights

An assault conviction can turn your world upside-down. You could spend months or years in jail. You might lose your job. Having defended clients in courts statewide, Michigan criminal defense lawyers Manley & Manley understand the seriousness of such charges. We aggressively defend people charged with violent crimes such as assault and other criminal cases.

Don’t wait to take legal action. If you have been charged with assault or you are under investigation, contact us immediately. The sooner you make an appointment with us, the sooner we can start investigating your case. Evidence in such cases can sometimes be difficult to obtain. Without strong evidence, building a compelling case becomes an extremely difficult process. Call 810-374-0240 or visit us at our office.

What is Assault in Michigan?

In its simplest terms, assault is defined as putting someone in fear of an immediate “battery.” The other element is “battery,” which is harmful or offensive contact. An assault can cover a range of actions, including threatening to hit someone with your fist or an object. From a legal standpoint, assault in Michigan covers a wide range of criminal offenses.

Some assault charges are misdemeanors, while others are felonies. There’s a dramatic difference between misdemeanor and felony charges. If you are convicted of a felony, you could spend years in jail and have certain rights restricted. Not to mention the negative social impact an assault conviction can create for the person being charged. Failing a background check for a job, not being able to land certain housing, and even the way people in your life view you as a person. These are all things you want to avoid.

What Are Common Assault Charges in Michigan?

Some of the most common assault changes we handle at our law firm include:

  • Simple assault. This type of assault occurs when there is an intentional act of causing another person to be fearful of bodily harm or the attempt to cause harm to another person where that violent act never occurs. This intent means the simple act of threatening to harm someone can be considered assault. These crimes often carry misdemeanor penalties.
  • Aggravated assault. This type of assault is where a person assaults an individual without a weapon and inflicts serious or aggravating injury upon an individual without intending to commit murder or to inflict great bodily harm.
  • Assault and battery. While assault cases and battery cases used to be identified and charged separately, they are more commonly charged together now. Battery requires physical harm from an aggressor. Assault and battery crimes can be charged as misdemeanors or felonies, depending on the severity of the crime.
  • Felony assault. There are several different types of felony assault charges, including “Assault with”:
    • A deadly weapon (felonious assault)
    • Intent to murder
    • Intent to do great bodily harm
    • Intent to commit strangulation or suffocation

It is important to remember that in many cases, physical contact or even physical harm does not have to occur in order to be charged with assault. The simple threat of bodily injury that creates fear in another may be enough to land someone with an assault charge. This action can be the implication that you intend to harm someone, say, a threatening lunge in their position or even the verbal threat of harm.

What is the Penalty for an Assault Conviction?

Assault convictions can have serious consequences. If you are convicted of assault, you could be fined and face several months or years in jail. If you are convicted of assault in Michigan, you could face the following penalties under Michigan law:

Simple Assault

(Includes pushing or slapping someone, threatening to harm someone)

(Misdemeanor)

  • Up to 93 days in jail
  • Up to $500 in fines

Aggravated assault

(A more serious form of simple assault)

( Misdemeanor )

  • Up to 1 year in jail
  • Up to $1,000 in fines

Assault With a Deadly Weapon

(Assault with a weapon (commonly known as felonious assault), including a gun, knife, or other object intended to cause  fear in another person )

(Felony)

  • Up to 4 years in prison
  • Up to $2,000 in fines

Assault With a Deadly Weapon in a Weapon-free Zone

(Such as a school)

  • Increased fines of up to $6,000
  • Up to 150 hours of community service

Assault With Intent to Do Great Bodily Harm or Assault by Strangulation or Suffocation

(Felony)

  • Up to 10 years in prison (AWGBH)
  • Up to $5,000 fine

Assault With Intent to Commit a Felony or to Rob or Steal

(Felony)

  • Up to 10 years in prison
  • Up to life in prison if armed with a deadly weapon
  • Up to $5,000 fine

Assault With Intent to Murder

(Felony)

  • Up to life  in prison

What Are Common Defenses for Assault Charges?

There are various defenses criminal defense attorneys may use when attempting to fight assault charges. Even if you believe you are innocent, it is up to a judge or jury to determine your guilt. This judgment is why having experienced criminal defense attorneys is so important.

Self-Defense. This defense is the most common when fighting an assault charge. It is the argument that you were put into a position where you had no other option than to physically defend yourself from an aggressor in order to ensure the safety of others and yourself. Deadly force can be used to prevent imminent death, great bodily harm, or sexual assault. The prosecution must prove beyond a reasonable doubt that an accused did not act in self-defense.

Lack of intent. Michigan has several assault laws that rely on intent. This intent means that an aggressor intended to cause bodily harm or death when the assault occurred. A defense attorney may be able to challenge the evidence to create reasonable doubt of your intent to harm.

Lack of harm. Arguing the actual extent of a victim’s injuries is a defense your attorney may choose to employ. Penalties often scale with the severity of the injury, meaning that if your attorney can prove that the amount of harm the victim received is less than they claim, then charges should be reduced or even dropped altogether.

Why Should I Hire Manley &  Manley for My Assault Case?

Being convicted of assault can dramatically change your life. You could spend years in prison and lose other personal freedoms. With so much at stake, it’s critical to hire an experienced Michigan assault attorney.

It is important to speak with a criminal defense attorney as soon as possible. Building a strong case starts as soon as an arrest is made and charges are given, not right before a trial date. A strong criminal defense takes time and research. Don’t waste valuable time. Call Manley & Manley as soon as possible!

The criminal defense attorneys at Manley & Manley are well-versed in the nuances of Michigan law and understand what is required to defend a client in an assault case. We have proven results. For more information, call 810-374-0240 today.