Have you been charged with assault in Grand Traverse County, Kalkaska County, or elsewhere in Northern Michigan? We have extensive experience litigating assault crimes in all counties in the northwestern lower peninsula. Whether you were attacked in a barroom, are being accused of assaulting a spouse or family member, or are being investigated for assault with intent to commit great bodily harm less than murder, our smart criminal defense approach can help you.
Call us now to discuss your case: (231) 714-4128
The many variations of assaultive criminal offenses in Michigan share a common element in that they all involve some kind of unwanted touching or act that places the alleged victim in a reasonable fear that the unwanted touching is imminent. Punching someone and raising a fist as if to punch someone, under certain circumstances, are both punishable as an assault in Michigan. The importance of the circumstances under which such acts occur cannot be overstated.
Many assaultive crimes are reported by a party after a mutual altercation has taken place. Oftentimes both parties share some of the blame for what happened. Perhaps even more often, both parties have consumed some sort of intoxicant, like alcohol, or maybe something stronger. The responding officer(s)’ report and investigation are often incomplete. By carefully parsing out the details, undermining the alleged victims’ credibility, and finding the gaps in sloppy police work, the skilled attorneys at Mas/Stig-Nielsen can identify the missing components and help you tell the story of what really happened.
Let us defend you against your serious felony and misdemeanor assault charges in Traverse City Michigan areas. We will work with you to locate evidence and witnesses to show the jury the truth. We will consult with expert witnesses when necessary and use professional investigators to verify or discredit your accuser. We can show the jury and, if necessary, after a favorable plea reduction, a judge at sentencing, that you are more than just the name on the criminal complaint. Assaultive convictions can haunt you when seeking employment, housing, and education. Don’t leave your future to chance. Call our office to find out more about how we can help you.
What’s the Difference Between Assault and Battery in Michigan?
If you are involved in an altercation in Michigan, whether you are charged with assault or assault and battery will depend on your actions and the outcome.
Michigan law defines assault as any act that causes another party to reasonably believe that you intend harm on them. You can be charged if you raise your fist or wave a weapon, even if you don’t actually strike them. With assault and battery, you follow through on your threat and commit actual violence by striking the other person or an item in their possession.
Anyone convicted of assault or assault and battery may face harsh penalties, including up to 93 days in jail, a fine of up to $500, restitution, and two years of probation, so it is imperative that you have an experienced Traverse City assault charges attorney on your side.
When Does an Assault Charge Become a Felony in Michigan?
Crimes of assault become felonies when they are committed with the intent to-
- Kill someone else or;
- Cause great bodily harm or;
- Support the commission of another felony, such as robbery or kidnapping.
Assault and battery also becomes a felony when it involves certain victims, such as a police officer, human services agency employee (e.g. child protective services), or pregnant woman, or is committed with a dangerous weapon, such as a firearm.
You can also be charged with a felony if you already have two or more prior convictions for domestic assault or assault and battery. If you’re arrested a third time, contact a lawyer for assault and battery charges in Traverse City immediately.
What are the Types of Assault Charges in Michigan?
In Michigan, there are several different crimes that fall into the category of assault. In addition to simple assault and assault and battery, the most common variations are as follows:
- Domestic Assault: The term “domestic assault” refers to any type of assault in which the defendant and the victim share or previously shared a domestic relationship. This includes having a child together.
- Aggravated Assault: Aggravated assault in Michigan is defined as battery with a serious or aggravated injury. However, it does not involve weapons, nor does the perpetrator intend to kill or injure the victim. Aggravated assault with a deadly weapon is a related crime that does involve weapons and intent to do harm.
- Felonious Assault: Also known as assault with a deadly weapon, this offense involves attacking someone with a weapon that is capable of inflicting serious injury, such as a gun, knife, baseball bat, or beer bottle. If it occurs in a weapon-free school zone, the penalties are more severe.
- Assault with Intent to do Great Bodily Harm: This offense refers to situations in which a person assaults an individual with the intent to cause great bodily harm, but not murder.
- Assault with Intent to Commit Murder: Assaulting another person with the intention of murdering them is punishable by up to life in prison in Michigan.
- Assaulting a Police Officer: You can be charged with assaulting a police officer if you attempt to obstruct law enforcement personnel while they are performing their duties. This can include threatening to use physical force as well as actually striking an officer.
- Assault With Intent to Commit Any Other Type of Felony: This refers to an assault where the perpetrator is also committing another felony at the same time. Examples include assault with intent to commit armed robbery and assault with intent to maim.
- Sexual Assault: There are a couple of sex-related crimes that involve assault., including assault with intent to commit sexual penetration and assault with intent to commit sexual conduct involving contact. Sexual assault crimes usually require registration on Michigan’s public Sex Offender Registry.
Contact a felony assault lawyer in Traverse City, Michigan at our firm if you find yourself facing any of these charges now by calling (231) 714-4128.