Assault Defense

If you’ve been charged with assault, the prosecutor believes you have committed an unlawful act that places another person in reasonable apprehension of receiving an immediate battery. An assault is an attempt to commit a battery. The defendant must intend to injure the victim or make the victim reasonably fearful of being struck. An assault is intentional, not accidental.
Michigan has many types and levels of assaults:

  • Assault & Battery - penalty: Misdemeanor -- 93 days &/or $500
  • Aggravated Assault - penalty: Misdemeanor -- 1 year &/or $1,000
  • Domestic violence - penalty: Misdemeanor -- 93 days &/or $500
  • Aggravated Domestic Violence - penalty: Misdemeanor -- 1 year &/or $1,000
  • Assault with a Dangerous Weapon (Felonious Assault) - penalty: Felony -- 4 years &/or $2,000
  • Assault with Intent to Do Great Bodily Harm (Assault GBH) - penalty: Felony -- 10 years &/or $5,000
  • Assault with Intent to Maim - penalty: Felony -- 10 years &/or $5,000
  • Assault with Intent to Rob While Unarmed - penalty: Felony -- 15 years
  • Assault with Intent to Rob While Armed - penalty: Felony -- Life or any number of years
  • Assault with Intent to Murder - penalty: Felony -- Life or any number of years

Probation, court costs, and counseling programs are likely.

It is important to understand that the victim of an assault does not have to be actually injured for a "Simple Assault" to occur, but injuries can be circumstantial proof of higher levels of assault. For example, proof that a victim was physically injured and needed immediate medical attention can distinguish "Simple Assault" from "Aggravated Assault". The type or severity of injury may also prove the defendant's intent (i.e., Assault With Intent to Do Great Bodily Harm Less Than Murder, Assault with Intent to Maim, Assault With Intent to Murder, etc.).

Defenses can range from mistaken identity to an inability to prove intent. Contact Attorney Joe Cross direct at (877) OWI-LAWS to discuss your options or complete our Free Case Review.

The Michigan statutes on assault are as follows:

  • Section 750.81 Assault and battery; penalties; applicability to individual using necessary reasonable physical force in compliance with § 380.1312 of the revised school code; “dating relationship” defined.
  • Section 750.81a Assault; infliction of serious or aggravated injury; “dating relationship” defined.
  • Section 750.81b Enhanced sentence; provisions.
  • Section 750.81c Threats or assault against employee of family independence agency; violation; penalty; other conviction; “serious impairment of body function” defined.
  • Section 750.81d Section Assault, battering, resisting, obstructing, opposing person performing duty; felony; penalty; other violations; consecutive terms; definitions.
  • Section 750.82 Felonious assault; violation of subsection (1) in weapon free school zone; definitions.
  • Section 750.83 Assault with intent to commit murder.
  • Section 750.84 Assault with intent to do great bodily harm less than murder.
  • Section 750.85 Repealed. 1974, Act 266, Eff. Apr. 1, 1975.
  • Section 750.86 Assault with intent to maim.
  • Section 750.87 Assault with intent to commit felony not otherwise punished.
  • Section 750.88 Assault with intent to rob and steal; unarmed.
  • Section 750.89 Assault with intent to rob and steal; armed.
  • Section 750.90 Sexual intercourse under pretext of medical treatment.
  • Section 750.90a Conduct proscribed under §§ 750.81 to 750.89 as felony; intent.
  • Section 750.90b Conduct proscribed under §§ 750.81 to 750.89 as crime; intent.
  • Section 750.90c Gross negligence against pregnant individual as crime.
  • Section 750.90d Conduct proscribed under § 257.625(1) or (3) involving accident with pregnant individual as felony; penalties.
  • Section 750.90e Conduct as proximate cause of accident involving pregnant individual as misdemeanor; penalty.
  • Section 750.90f Applicability of §§ 750.90 to 750.90e; “physician or other licensed medical professional” defined.
  • Section 750.90g “Infant protection act” as short title of section; legislative findings; prohibited acts; violation as felony; penalty; exceptions; definitions.

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