Assault Lawyer Michigan

June 7, 2020

Assault Lawyer Michigan

Assault charges seem to run rapid this time of year. People are sick of spending so much time indoors. Drinking seems to increase on patios, the kids are home from school and divorce filings increase this time of year. With all of that comes fights, lies, and mistakes.

If you have been charged with assault in Michigan contact Michigan assault lawyer, Aaron J. Boria (734) 453-7806.

Assault in Michigan

In Michigan, assault and battery offenses are charged as one and the same with the exception of a few offenses, so regardless if you threaten to hit someone or actually do it the offense is generally charged as “assault and battery” and has the same penalty, potential jail time and fines.

If a weapon is present, which could include anything from a traditional weapon to a makeshift weapon like a lamp or kitchen utensil, the charges will be elevated to a felony offense.

If injuries to the complainant are severe then the offense is elevated to a felony as well despite the presence of a weapon and can have serious consequences.

The lowest assault and battery offense carries up to 93 days in the county jail. Other, more serious misdemanor offenses can carry up to a year in jail, and felony offenses can carry many years in the state prison.

Assault Defense Lawyer Michigan

Prosecution must be able to prove guilt beyond a reasonable doubt. In an assault case the prosecution most be able to prove that you threatened a person with some offensive act, that you had the ability to carry out that act, and they believed you were about to carry it out.

For example, pointing a gun at someone would be an assault. Gesturing like you are about hit someone and they are close enough to you for you to carry out the attack would be an assault.

For the prosecution to prove a battery they must prove everything mentioned above for an assault but also that you committed the offensive act, i.e., you actually made contact with them.

If even one part of the offense cannot be proven beyond a reasonable doubt then you are entitled to a verdict of not guilty.

There are many defenses to assault and battery.

It is also possible that you committed an accident or a mistake.
It is also possible that you were acting in self-defense or in the defense of another person where you came to their rescue.
It is also possible that the person who made the complaint is simply lying.
It is possible that you weren’t capable of carrying out the assault.
If any of these things are true then you are entitled to a verdict of not guilty.