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Assault charges in Michigan can vary in severity, depending on the incident’s circumstances. Two common types of assault charges are simple assault and aggravated assault, each carrying different penalties and legal implications. If you are facing assault charges, it’s essential to understand the distinctions between these two offenses and the potential defenses available.

At Ben Hall Law, our East Lansing criminal defense lawyer protects your rights and ensures you receive a fair defense in these cases.

assaulting a women

What Is Simple Assault in Michigan?

Simple assault is the least severe form of assault charge in Michigan.

It involves:

  • An attempt or threat to physically harm another person without causing serious injury.
  • The ability to carry out the threat creates a reasonable fear of harm in the victim.

The key characteristics of simple assault in Michigan include:

  • No physical contact is required; even a credible threat can result in charges.
  • Injuries, if any, are typically minor, such as scratches or bruises.

Simple assault is usually charged as a misdemeanor, with penalties that may include:

  • Up to 93 days in jail.
  • Fines up to $500.
  • Probation, community service, or anger management classes.

What Is Aggravated Assault in Michigan?

Aggravated assault is a more serious offense.

It involves:

  • An assault that results in serious physical injury to the victim.
  • An intent to cause harm, though not necessarily to kill or maim.

The key characteristics of aggravated assault in Michigan include:

  • Injuries such as broken bones, deep cuts, or injuries requiring medical attention must be significant.
  • The use of a weapon is not required; the seriousness of the injuries elevates the charge.

Aggravated assault is also a misdemeanor but with harsher penalties, including:

  • Up to 1 year in jail.
  • Fines up to $1,000.
  • Restitution for the victim’s medical expenses or other damages.

If the assault involves certain aggravating factors, such as the use of a deadly weapon, the charge may be elevated to felonious assault, with significantly more severe penalties.

Defenses to Assault Charges in Michigan

Whether facing simple or aggravated assault charges, a strong defense can make all the difference in the outcome of your case.

Common defenses include:

  • Self-Defense

Michigan law allows individuals to use reasonable force to protect themselves if they believe they are in imminent danger. To successfully claim self-defense, you must demonstrate that you were not the aggressor and that your force was proportionate to your threat.

  • Defense of Others

Similar to self-defense, you may use force to protect someone else if they are in immediate danger of harm.

  • Lack of Intent

Assault charges often require proof of intent. If the incident was accidental or your actions were misinterpreted, your attorney can argue that there was no intent to harm.

  • False Accusations

In some cases, assault charges arise from misunderstandings or false allegations. An experienced attorney can investigate the facts, gather evidence, and challenge the credibility of the accusations.

  • Insufficient Evidence

The prosecution must prove their case beyond a reasonable doubt. If there is a lack of credible evidence, your attorney can argue for the charges to be dismissed or reduced.

Why You Need an Experienced East Lansing Defense Attorney

Assault charges, whether simple or aggravated, can have lasting consequences on your life, including a criminal record, loss of employment opportunities, and damage to your reputation. At Ben Hall Law, our East Lansing criminal defense lawyer is dedicated to providing a comprehensive defense tailored to your case. We’ll work tirelessly to investigate the facts, challenge the prosecution’s evidence, and protect your rights every step of the way.

If you are facing simple or aggravated assault charges in Michigan, don’t navigate the legal system alone. Call 877-BEN-HALL (517-798-5801) or contact us online for a confidential consultation. Let us fight for your future and help you achieve the best possible outcome in your case. Your rights deserve a strong defense—let us stand by your side.

 

 

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“Mr. Hall was a huge help. Being a former police officer and a former prosecutor was evident in his knowledge of both traffic and criminal laws. Even when I was willing to accept an initial plea deal, he knew that there was so little evidence against me that we should counter the offer. I went from a potential criminal case to a fine and 0 points. I could not be happier with my outcome. Thank you Mr. Hall!”

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Dave

“Mr. Hall was a huge help. Being a former police officer and a former prosecutor was evident in his knowledge of both traffic and criminal laws. Even when I was willing to accept an initial plea deal, he knew that there was so little evidence against me that we should counter the offer. I went from a potential criminal case to a fine and 0 points. I could not be happier with my outcome. Thank you Mr. Hall!”

Anonymous

Ben was very generous with his time and expertise. He asked straightforward questions and offered excellent options to meet our objectives. Amazing turn around on short deadlines. We needed a legal opinion dealing with a conflict of interest on a local school board. WOW! Ben really understood the issues andbour concerns. He produced an amazing 8 page opinion in in a weeks time. And he worked with us on minimizing legal fees.

Dave

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