If you are or a loved one is facing assault and battery charges in Michigan, it is critical that you consult with an experienced defense attorney. In addition, he or she should have proven track record of successfully representing clients. Call The David J. Kramer Law Firm, PLLC today.
We understand that almost anyone could find themselves in a situation where assault or assault and battery charges could be brought against them.
Many people have had the experience of getting into a heated argument with a spouse or a co-worker, or possibly a stranger on the street in a stressful situation. You may not have been charged with a criminal offense. However, if your actions or words crossed that line into threatening or moving to hurt someone, you may realize how easy it could be to make that mistake.
Assault defense attorney David J. Kramer understands that assault charges don’t make you a bad person. He is passionate about working to defend your rights if you find yourself facing charges for assault in Michigan.
The State of Michigan defines Assault this way:
- Any attempt you made to cause physical harm to another person
- An act or threat of violence or force if the offender appears to be able to carry it out
- Any action which causes another person to fear imminent violence.
Assault and battery are actually two separate crimes. While they often go together, you can still be charged under Michigan law with assault even if you did not take any physical action. However, battery is defined as actually following through to using physical force or violence against another person.
Penalties for Assault and Battery
Simple assault or assault and battery are actions defined above without the use of any weapons. In addition, several other exceptions do not apply. The penalty for these charges can still be steep. This is especially true if you realize what you may be dealing with is a disagreement at a bar or a slap on the face. For a simple assault and battery charge, you may face:
- Up to 93 days in jail
- Up to $500 in fines
More severe penalties are added if this is not your first conviction for assault and battery. The crime becomes a felony. As a result, both prison time and fines go up the more times you have an assault and battery conviction.
When Assault Becomes a Felony
There are numerous situations, however, when an assault charge becomes a felony or when the possible penalties become more serious. If you actually follow through with your threats or threatening actions, for instance, this is considered aggravated assault.
It is even more serious if you are holding something that could be construed as a weapon when you threaten someone. The charges increase. The penalties become harsher the more damage you do or, the more you intend to carry out a threat, to hurt someone, or to rob them.
Michigan State law will not recognize a heat of passion or boiling over as a legitimate defense against more serious assault charges, even if that might be the case. Here are some of the more serious assault charges and their penalties:
Aggravated assault is an assault that causes bodily harm to the victim, but without a weapon. It is a misdemeanor. However, it is penalized more seriously than a simple assault. Aggravated assault carries a penalty of 1-year imprisonment and up to $1,000 in fines.
Felonious assault is defined as an assault with a dangerous weapon. As its name suggests, it is a felony. However, you don’t have actually to hurt another person to be charged with felonious assault.
Merely brandishing a weapon and threatening to harm someone with it counts as felonious assault. This could be a gun, pistol, knife, brass knuckles, club, or other dangerous weapons. The potential penalty for a felonious assault conviction is up to 4 years in prison and $2,000 in fines.
The following are both penalized under the same section by up to 10 years in prison and $5,000 in fines.
- If you perpetrated an assault with intent to harm but did not mean to kill.
- if you committed an assault through strangulation or suffocation.
Assault with Intent to Maim
Assault with intent to maim is defined as the attempt to permanently main another person by cutting off or disfiguring any part or parts of his or her face or body – tongue, eye, ears, lips, limbs or members of the body. This type of assault is punishable by up to 10 years in prison and $5,000 in fines.
Assault with Intent to Commit Murder
Assault with intent to commit murder is considered a felony in the State of Michigan. It is punishable by up to life in prison.
Assault with Intent to Commit Felony
It is a felony if the assault is committed in an attempt to commit another felony. The State of Michigan says it is punishable by up to 10 years in prison and $5,000 in fines.
Unarmed Assault With Intent To Rob or Intent To Steal
Unarmed assault with intent to rob or intent to steal is punishable by up to 15 years in prison in the State of Michigan.
Armed Assault with Intent to Rob and Steal
Armed assault with intent to rob and steal means actually having a dangerous weapon, or making the victim believe you have a dangerous weapon. It is punishable by up to life in prison.
Other Charges Covered by Michigan Assault Laws
- Threats or assaults against an employee of family independence agency
- Assault, battery, resisting, Obstruction, or Opposing a police officer, security officer, emergency medical personnel, a firefighter or other officer performing his or her duty.
- Assault or Battery of an employee or contractor of a public utility.
Michigan Assault Defense Attorney
Many of these offenses are easy for anyone to do in a fit of rage. If you are facing charges of assault – or even if you are being investigated by law enforcement for assault – it is essential that you retain the services of an aggressive and experienced criminal defense attorney. You want to protect yourself even from misdemeanor assault charges.
Law enforcement often will not hold back from charging you with as many charges as will fit the situation. Attorney David J. Kramer will thoroughly go over every aspect of your case, as well as make a detailed background analysis if you have other convictions that may have an impact on your current charges. Moreover, he will work to get your charges thrown out, to have them reduced, and to work toward the outcome you are hoping for.
Assault defense attorney David J. Kramer has experience with many types of assault charges, and in getting results for his clients. He will put your mind at ease and encourage you to trust him. He understands that if you are facing assault and battery charges, you will be concerned about the potential ramifications. These could include consequences affecting your ability to obtain rental properties, own a firearm, hold public office, vote or be hired or accepted at any job or organization requiring a background check.
Above all, David’s first priority is to keep your charges off of your permanent record and to keep you from seeing a day in jail.
Fight for your future.