Crimes that are considered assaults in Michigan are very serious offenses. Potential sentences range from 97 days to life in prison. When your freedom is in jeopardy, an experienced attorney is a necessity.
The Assault laws in Michigan are fairly complicated, and have many variables. And it is surprisingly easy to be arrested and charged with assault. If there is any kind of fight or physical scuffle, the police will often arrest all parties involved, regardless of who started it, and who is to blame.
If you were involved in a “mutual” fight or were simply defending and protecting yourself, we can help you sort out this difficult legal problem. Call today to speak with someone about your case.
Michigan Assault and Battery – Laws and Penalties
Under Michigan Law, simple Assault and Battery is a misdemeanor, punishable by up to 93 days in jail and no more than $500 in fines. There are some circumstances where this potential punishment can be increased.
Ref: Michigan Compiled Laws MCL 750.81
Aggravated assault is a misdemeanor in Michigan. It is defined by Michigan statute as an assault, without a weapon, that results in a serious or aggravated injury.
This misdemeanor is punishable by up to one year in prison and up to $1,000 in fines.
**If you have prior assault convictions, the prosecution can request an “enhanced sentence”. This means the prosecution wants the judge to consider your prior convictions and give you a harsher sentence because of them.
Michigan Aggravated Assault Statute: MCL 750.81a
In Michigan your intentions when assaulting someone seriously affects your potential sentence. The following charges are felony, or felonious assaults under Michigan’s criminal statutes (compiled laws):
Assault With a Dangerous Weapon (Felonious Assault)
If you are accused of assault someone without intending to cause death or great bodily harm, and with the use of any gun, knife, or other weapon, you could face charges of felonious assault. This particular charge carries up to 4 years in prison and fines reaching $2,000.
Assault with Intent to Maim
The term “maim” includes removing a portion of another person’s body or face or damaging it with an intention of causing it to be unusable. Assault with intent to maim is a felony punishable by up to 10 years in prison and up to $5,000 in fines.
Assault with Intent to do Great Bodily Harm (less than murder)
If you commit an assault with the intent to do “great bodily harm” but less than murder, you may be found guilty of a felony and sentenced to up to 10 years in prison and $5,000 in fines.
Great bodily injury is defined by Michigan statute as one that causes serious impairment of a bodily function or internal injury, serious burns, severe cuts, poisoning, or multiple puncture wounds.
Assault with Intent to Commit Murder
A felony, assault with intent to commit murder carries a harsh potential sentence. If you are found guilty of this crime in Michigan you are facing a potential life sentence.
Assault with Intent to Rob and Steal
Your potential sentence when facing a charge of assault with intent to rob and steal depends on whether there was a dangerous weapon involved. If you are found guilty of this crime without a weapon involved you faced the potential punishment of up 15 years in prison. However, if you were in possession of a dangerous weapon at the commission of the crime, you are facing up to a life sentence.
Assault with intent to rob and steal, with or without a weapon are both felonies.
MCL 750.88, 750.89
Additional Michigan Assault Penalty Enhancements
It is important to note that all assault cases can carry harsher sentences if the crime was “domestic” in nature. This means if the victim was a spouse, ex-spouse, significant other, someone you share a child with, or roommate, you run the risk of having your sentence increased.
**If any of the above offenses were committed against a pregnant woman, with disregard for the fetus she was carrying, you may be facing a life sentence.
As you can see, these cases are quite complicated with many possible permutations and legal outcomes.
But there are always possible legal defenses in assault cases, including self defense and self protection arguments. But you need to speak with an experienced Michigan defense lawyer to evaluate your case and help you understand what you are up against, and explain all of your possible legal defense options.