Defending Clients Accused of Assault For Over Three Decades in Michigan
In Michigan, assault charges can arise out of numerous situations and range from misdemeanors to serious felonies that carry severe prison sentences. Generally, an assault occurs when someone reasonably believes that they are going to be touched in an unwanted way or they actually are touched in an unwanted way. This usually arises from the actual fear of or the actual occurrence of being struck, beaten, stabbed, shot or hurt in some other way.
Often times, such charges rely heavily on eyewitness testimony and witness reports of the evidence along with other types of evidence and it is paramount that you have all the information you need to help protect you and an attorney that can sort the through the facts and the evidence to help defend you and effectively argue your case before the prosecution and the jury.
Call a Michigan Assault Charges Attorney | Contact a Lansing Assault Lawyer
The Clark Law Office has extensive experience in handling assault charges and protecting clients from harsh penalties and overzealous prosecutors, biased police reports, and untrue eyewitness allegations. We demand all the evidence of tapes, reports, witnesses and other sources of evidence to find the defenses that other lawyers may miss. The Michigan criminal lawyers at The Clark Law Office has been protecting the rights of people and successfully defending against assault charges for decades.
Michigan Assault Laws | Assault Penalties
Assault and Battery – MCL 750.81
A person is guilty of an assault and battery if: (1) the defendant committed a battery on the victim. A battery is a forceful, violent or offensive touching of the person or something closely connected with the person of another. The touching must have been intended by the defendant, that is, not accidental, and it must have been against the victims will (2) that the defendant intended either to commit a battery upon the victim or to make the victim reasonably fear an immediate batter.
Generally, this offense is a misdemeanor punishable up to 93 days jail and fines up to $500.00.
Assault and Infliction of Serious Injury (Aggravated Assault) – MCL 750.81a
A person is guilty of aggravated Assault if: (1) That the defendant tried to physically injure another person (2) That the defendant intended to injure the victim or intended to make the victim reasonably fear an immediate battery (3) That the assault causes a serious or aggravated injury. A serious or aggravated injury is a physical injury that requires immediate medical treatment or that causes disfigurement, impairment of health, or impairment of a part of the body.
Generally, this offense is a misdemeanor punishable up to 1 year in jail and fines up to $1,000.00.
Felonious Assault (Assault with a Dangerous Weapon) – MCL 750.82
A person is guilty of Felonious assault if: (1) That the defendant either attempted to commit a battery to the victim or did an act that would cause a reasonable person to fear or apprehend an immediate battery. A battery is a forceful or violent touching of the person or something closely connected with the person (2) That the defendant intended either to injure the victim or to make the victim reasonably fear an immediate battery (3) That at the time, the defendant had the ability to commit a battery, appeared to have the ability, or thought he or she had the ability (4) That the defendant committed the assault with a dangerous weapon or firearm.
Generally, this offense is a 4 year felony with up to $2,000.00 in fines.
Assault with intent to commit a felony – MCL 750.87
A person is guilty of assault with intent to commit a felony if: (1) That the defendant either attempted to commit a battery on the victim or did an act that would cause a reasonable person to fear or apprehend an immediate battery. A battery is a forceful or violent touching of the person or something closely connected with the person (2) That the defendant intended either to injure the victim or intended to make the victim reasonably fear an immediate battery. (3) That at the time, the defendant had the ability to commit a battery, appeared to have the ability to or thought the defendant had the ability (4) That when defendant assaulted the victim, the defendant intended to commit the felony crime charged. It does not matter whether the felony crime charged with was actually committed.
Generally, this offense is a 10 year felony with up to $5,000.00 in fines.
Assault with intent to do Great Bodily Harm Less than Murder - MCL 750.86
A person is guilty of assault with intent to do great bodily harm less than murder if: (1) That the defendant tried to physically injure another person (2) That at the time of the assault, the defendant had ability to cause an injury, or at least believed that the defendant had the ability (3) That the defendant intended to cause great bodily harm. Actual injury is not necessary, but if there was an injury, you may consider it as evidence in deciding whether the defendant intended to cause great bodily harm. Great bodily harm means any physical injury that could seriously harm the health or function of the body.
Generally, this offense is a 10 year felony with up to $5,000.00 in fines
Contact a Michigan assault charges defense lawyer today for a free consultation
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