Experienced Defense For Assault Charges In Michigan
Being charged with hurting someone – or attempting to hurt someone – is a serious matter with future implications. A conviction for assault and battery could mean jail or prison, and the criminal record could hamper your employment opportunities or loss of your gun rights.
If you are accused of assault charges, you need a proactive defense from an experienced lawyer. My law firm, Ryan Maesen Attorney at Law, represents the accused in the Grand Rapids area. I have obtained good results in assault cases, including dismissals and reduced penalties. Call me at 616-818-0011 for a free consultation.
Understanding Assault And Battery
Although the terms “assault and battery” are often connected or used interchangeably, they are inherently two different actions. First, an assault is any act that would cause a reasonable person to fear or apprehend an immediate battery, or an attempted battery. Verbal threats of violence or menacing gestures can result in assault charges.
Battery is the forceful, violent, or offensive touching of a person, or something closely connected with another person, against their will and intended to either commit a battery or make that person reasonably fear an immediate battery. It does not matter whether the touching caused an injury.
What Are The Penalties For Assault And Battery Charges In Michigan
Like all criminal charges, the penalties will increase if the person who is accused of assault and battery has a criminal history of the same charges, used a weapon, or if the alleged crime resulted in severe injuries to the victim or death.
While each Michigan assault and battery charge and its penalties are unique to the accused, common consequences for convictions may include jail time, fines, community service, monthly reporting, and one or more forms of anger management counseling or classes.
Simple Assault/Assault & Battery
- First assault and battery: Jail time of up to 93 days, a $500 fine or both.
- Second assault and battery: Jail time of up to one year, a fine of up to $1,000.
- Third or more assault and battery: Imprisonment up to five years, fines up to $5,000.
The felony charges related to injuring a police officer, public utility employee, emergency personnel, or other government officials vary and may include jail time ranging from five years up to 20 years, and fines beginning at $1,000 up to $20,000 depending on the severity of the crime.
Assault of a spouse, dating partner or family member carries its own range of penalties. A domestic violence arrest may also lead to a personal protection order and may have ramifications for divorce and child custody proceedings, making it all the more important to speak immediately with a lawyer.
Aggravated Assault requires serious injuries to occur during the interaction, which is quantified by an injury that requires immediate medical treatment, causes disfigurement, impairs health or impairs part of the body.
The maximum penalty for aggravated assault is one year in jail, a fine of $1,000 and court costs.
Assault With A Dangerous Weapon (Felony Assault)
Assault with a dangerous weapon, or felony assault, requires proof that a dangerous weapon – defined as an object used in a way likely to cause serious injury – was used to commit the assault and/or battery. Dangerous weapons may include brass knuckles, clubs, flashlights, knives or guns, to name a few.
The maximum penalty for assault with a dangerous weapon is up to four years in prison and fines up to $2,000 but can be increased if the offense happened in a school zone.
Assault By Strangulation
Assault by strangulation is battery that is intended to impede another person’s breathing by applying pressure to the throat or neck, or by blocking their nose or mouth.
Assault by strangulation is a felony and is punishable by up to 10 years in prison and a fine of up to $5,000.
Assault With Intent To Murder
Assault with intent to murder is the result of the accused’s actions occurring with the intent to kill, without acting in defense.
The maximum penalty for assault with intent to murder is life in prison.
Our Hard Work Translates Into Results That Matter
No matter where you live or work in Michigan, I understand that without your freedom, your future will be placed on hold indefinitely. My approach to producing real results for real people is unmistakable and fully visible through my involvement in nearly 90 trials in my 15-plus years in criminal defense.
My staff and I believe in partnering with clients by establishing from the beginning that we are the right fit for their case and their overall legal needs. This allows Maesen Law to provide end-to-end legal solutions using a tailored approach to produce results for each unique client and their criminal charges.
Get Experience On Your Side
You can reach Maesen Law 24 hours a day by calling 616-818-0011, or allow us to review your case via email. The initial consultation is free and completely confidential. I practice in the criminal courts of Kent County, Allegan County and Ottawa County.