Michigan Assault Lawyer - A&B Defense
Michigan Assault Crimes
If you've been charged with a Michigan assault crime, this doesn't make you a criminal or a bad person. I see clients on a daily basis who have have never been involved in a fight, and have never hurt a person in their life. It's quite common that a good person will get themselves in a bad situation, which results in being charged with a Michigan assault crime. When you first call me, I will want to know about your past, and if you have a criminal record. From there, I will want to know where this happened and who was involved. We will begin the fact gathering process together, and start to put together our comprehensive game plan. From there, we will order all of the police reports and evidence in your case. We may be able to track down video and audio, and if necessary will get a private investigator involved to build your various defenses. As a former prosecutor, I will begin working with the prosecuting attorney to explore all of your options. This will be a two part defense; one we will work to defeat your case either by a dismissal or a not guilty verdict at trial; two I will work on getting you the best possible plea deal on the table as a backup plan. You will have options, and together as a team, we will decide your best path for your case. I look forward to working with you.
Here are the four most common crimes for first offenders:
(1) Michigan Simple Assault & Battery, which is defined under MCL 750.81
A person who assaults or assaults and batters an individual, if no other punishment is prescribed by law, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both."
In Michigan, a battery is defined as 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 that person's will. It does not matter whether the touching caused an injury. If a battery does not occur, it's still possible to have committed an assault, which is an act that would cause a reasonable person to fear or apprehend an immediate battery.
A few important questions that are important to explore:
- Was the touching an accident?
- Was the touching done with consent of the other party or was their an implied consent?
- Was the touching mutual?
(2) Michigan Aggravated Assault, which is defined under MCL 750.81a(1)
A Michigan Simple Assault becomes an Aggravated Assault when the victim suffers an injury. The Prosecution will usually have to prove this injury with medical records or proof of medical treatment. A person who assaults an individual without a weapon and inflicts serious or aggravated injury upon that individual without intending to commit murder or to inflict great bodily harm less than murder is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both."
Serious injury for purposes of the aggravated assault statute has been defined as a physical injury that requires immediate medical treatment or that causes disfigurement, impairment of health, or impairment of a part of the body. It's important that your attorney has the opportunity to evaluate the extent of the alleged injury. It's possible that an Michigan Aggravated Assault could be reduced to a Simple Assault depending upon the facts of your case.
(3) Michigan Felonious Assault (Assault with a Dangerous Weapon), defined under MCL 750.82(1)
A Felonious Assault is a Simple Assault, but the assault was committed with a dangerous weapon. A person who assaults another person with a dangerous weapon without intending to commit murder or to inflict great bodily harm less than murder is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.
The elements of felonious assault are (1) an assault, (2) with a dangerous weapon, and (3) with the intent to injure or place the victim in reasonable apprehension of an immediate battery. Because felonious assault includes an "assault" as an element, there must be a present ability or apparent present ability to commit a battery in order to be convicted of felonious assault.
The most frequently asked question: What exactly constitutes a dangerous weapon?
Past court cases have made the following, but not limited to distinctions.
Dangerous weapon: Automobile, beer bottle, shoe, unloaded gun, tear gas spray, shoe, high heel, lighter fluid, flashlight, dog, broomstick, booted foot, aerosol spray can, frying pan
Non-dangerous weapon: human teeth, bare hands
It's important that you speak to your an experienced Michigan defense attorney about the circumstances of your case, and to closely examine the alleged dangerous weapon. If the alleged weapon is something of value or sentimental meaning (family knife or antique firearm), it's likely that the weapon used in this offense may or may not be returned upon the completion of your case; your attorney can work with the judge in coming to this decision.
(4) Michigan Assault with Intent to do Great Bodily Harm, which is defined under MCL 750.84
"Any person who shall assault another with intent to do great bodily harm, less than the crime of murder, shall be guilty of a felony punishable by imprisonment in the state prison not more than 10 years, or by a fine of not more than 5,000 dollars."
Assault with intent to commit great bodily harm less than murder requires proof of (1) an attempt or threat with force or violence to do corporal harm to another (an assault), and (2) an intent to do great bodily harm less than murder.
The term "intent to do great bodily harm less than the crime of murder" is an intent to do serious injury of an aggravated nature. No physical injury is required for the elements of the crime to be established. It's important to understand that the resulting injury from this offense is less important than the "potential injury". If you're charged to have kicked, punched and beaten someone repeatedly upon their face and body, but the end result was a minor injury, the "potential injury" allows you to be charged with this serious offense. The "what if" is defined as a physical injury that could seriously harm the health or function of the body. The Prosecution will generally have to elicit testimony during trial to establish the "potential injury".
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