An argument that lasted 30 seconds can produce a charge that follows you for decades, and Michigan gives prosecutors many separate assault statutes to choose from. The defense practice at Deanna L. Kelley PLLC exists for these moments, and our Michigan assault lawyer has handled them for more than 30 years.
How Does Michigan Decide the Severity of an Assault?
Charging decisions often turn on intent, the extent of the injury, whether a weapon was involved, and the relationship between the people involved. Evidence of a dangerous weapon or serious bodily harm can elevate a case to a felony.
In contrast, the absence of those factors may make it a misdemeanor, making early presentation of the facts especially important.
Michigan classifies assault into several distinct offenses. Each charge carries different penalties based on the alleged conduct and surrounding circumstances:
- Simple assault and battery: Threats or unwanted physical contact, up to 93 days in jail, and a $500 fine.
- Domestic violence: Assault against a household member, partner, or co-parent, up to 93 days and $500 for a first offense.
- Felonious assault: Assault committed with a dangerous weapon, up to 4 years and $2,000.
- Assault with intent to do great bodily harm less than murder: Attempts to seriously injure, up to 10 years and $5,000.
- Assault with intent to commit murder: An attempted killing, punishable by up to life in prison.
- Strangulation: Impeding someone’s breathing or blood flow, up to 10 years and $5,000.
Strangulation was only added to MCL 750.84 in 2012, and prosecutors can file that 10-year felony without any visible injury to the accuser. Repeat domestic violence convictions escalate as well, reaching felony territory by the third offense.
Which Defenses Hold Up in Michigan Courtrooms?
Assault cases often hinge on conflicting accounts rather than clear physical evidence, creating opportunities to challenge the prosecution’s case. Several defenses frequently play a key role in favorable outcomes for the accused:
- Self-defense or defense of another person
- Lack of intent to injure or frighten anyone
- False allegations rooted in custody or divorce disputes
- Mistaken identity in chaotic, multi-person incidents
Michigan self-defense law may permit reasonable force when a person honestly and reasonably believes force is necessary to protect against imminent unlawful harm. Our assault lawyer in Michigan builds the record needed to support a self-defense instruction.
Tell Your Side Before the Prosecutor Writes the Story
Police reports reflect only one version of what happened, and by arraignment, that account often becomes the official narrative. Deanna L. Kelley PLLC works to develop the full story from the outset, beginning with a free consultation.
Call (248) 714-8520 or contact us online today, because the sooner she hears your account, the more she can do.
