People make mistakes, don’t let an assault charge be one of them. Choose a trusted team of attorneys to ensure that you are protected and properly defended. Choose Martin Foldie Law to aid you in your legal battle and give you the best possible chance of freedom.
Under Michigan Law, an Assault is putting anyone in an immediate fear of a battery. For example, raising your fist and making someone flinch is technically an assault. Any act or threat done with the purpose of making someone being immediately afraid of being physically harmed is an assault.
A Battery is any offensive touching of another or their person. If you punch, hit, push, trip, pinch, spit upon, flick, poke, kick, elbow, or something similar to another person whom does not want or expect you to do this physical act, you have committed a battery.
In Michigan, assaults or assault & battery are looked upon as the same. This is a misdemeanor with the maximum penalty for these charges is 93 days in jail and/or $500 fine.
In addition, these types of actions can be considered more serious depending on certain factors.
In Michigan, Aggravated Assault is a battery performed without a weapon that resulted in a serious injury to another individual. For example, Punching someone on the mouth and splitting their lip requiring stitches would be considered an aggravated assault.
This is a misdemeanor with the maximum penalty being up to 1 year in jail and/or $1,000 fine.
The type of charge is dependent upon the type of aggravation that is alleged.
- Assault with a Dangerous Weapon (otherwise know as Felonious Assault)
- If you assault an individual with either a gun, knife, or other weapon, without intending to cause serious bodily harm, you can be charged with a felony. This conviction can carry a maximum of 4 years in prison and/or $2,000 in fines.
- Assault with Intent to Rob or Steal
- This type varies greatly depending upon the presence of a dangerous weapon. If a dangerous weapon is not present, the possible conviction is up to 15 years in prison. If a dangerous weapon is present or implied, the possible conviction is up to a life sentence in prison.
- Assault with Intent to Maim
- Assaulting an individual with the intent to remove or irrecoverably damage a person’s body or face, can lead up to 10 years in prison and fines reaching up to $5,000.
- Assault with Intent to do Great Bodily Harm
- Great bodily harm is defined by serious impairment of normal bodily functions and can include internal injury, burns, and poisoning. This charge could land you in prison for up to 10 years in prison with fines of up to $5,000.
- Assault with Intent to Murder
- Assaulting someone with the intent to Murder is just that, attempting to kill someone. A conviction can carry up to life in prison.
If any of the above are committed on a person whom you have a domestic relationship with, it is highly possible that the amount jail time served will increase. In addition, if any of the charges above are committed on a pregnant woman with a blatant disregard to the fetus, you could be facing a life sentence.