Assault

Assault

If you are faced with an assault charge you need a trusted team of attorneys to ensure that your rights are protected and you are properly defended. Choose Martin Foldie Law to aid you in your legal battle and give you the best possible chance for a positive outcome.

Michigan Laws

Under Michigan Law, Assault is defined as putting anyone in an immediate fear of 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 become immediately afraid of being physically harmed is an assault. 

Battery is any offensive touching of another upon their person. If you punch, hit, push, trip, pinch, spit upon, flick, poke, kick, elbow, or do something similar to another person whom does not want or expect you to do this physical act, you have committed a battery.

In Michigan, assault or assault & battery are looked upon as the same. These are deemed misdemeanor offenses that carry a maximum penalty of 93 days in jail and/or $500 fine.

The severity of assault charges vary and can be considered more serious depending on certain factors.

 

Aggravated Assault 

In Michigan, aggravated assault is a battery performed without a weapon that results in a serious injury to another individual. For example, punching another individual so as to leave a bruise, welt, or laceration is considered an aggravated assault.

This is a misdemeanor with the maximum penalty being up to one year in jail and/or $1,000 fine.

Felony Assault

Felony assaults are considered more severe than misdemeanor assaults and can carry significantly higher penalties if you are convicted on such charges. The type of charge and subsequent penalty if convicted are 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 four 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 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 can carry up to life in prison if convicted.  

Additional Information

If any of the above crimes are committed against a person whom you have a domestic relationship with, it is highly possible that the amount of 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 face a life sentence.   

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