Michigan law defines assault in a variety of different ways. Circumstances surrounding the incident will make a big difference in how the courts identify the crime—if any has been committed at all. In Marquette, Assault is an umbrella term that includes various types of charges—all with differing penalties. Due to the complicated nature, it’s important to ensure you’ve hired the right attorney to represent you. If you are under investigation for any of the following, do not hesitate to reach out to an experienced Marquette assault lawyer. The sooner you contact us, the sooner we can achieve the best possible outcome.
Types of Assault Charges in Marquette, Michigan
Simple Assault and Battery
An assault is simply a threat or attempt to physically injure another individual. Battery is the action of actually inflicting injury upon this individual. Misdemeanor assault and battery charges can be brought so long as no “great bodily harm” occurs.
Aggravated Assault is an assault upon an individual without the use of a weapon while also inflicting serious injury. Under MCL 750.81a, aggravated assault is a misdemeanor with imprisonment of up to one year, a fine of up to $1,000, or both.
While still, aggravated assault is only a misdemeanor, the courts are often liberal in determining what serious injury is. As long as you haven’t murdered someone, but still caused great bodily harm, you could be charged with aggravated assault.
Assault With a Dangerous Weapon
Sometimes referred to as Felonious Assault, MCL 750.82 describes the penalties when assaulting with a weapon. Michigan law defines a “dangerous weapon” as “a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon.” Michigan courts have even ruled a broomstick or flashlight as a dangerous weapon
As you might have concluded, Assault With a Dangerous Weapon is a felony. This type of assault is very serious. The maximum time of imprisonment is 4 years. What’s worse is that determining whether an object is dangerous can be ambiguous.
Assault With Intent to Commit Murder
Intending to commit murder is an extremely serious crime. Any threat to kill another person is punishable by life in prison.
Three elements must be proven by the prosecution to convict a defendant. These elements are:
- Defendant attempted or threatened to cause physical injury to another person.
- Defendant possessed the ability to injure another individual.
- Defendant intended to kill the individual.
Hire an Experienced Attorney Regarding the Common Types of Assault in Marquette
As you can see, assault charges can carry serious punishments. The penalties for the most serious cases of assault can range from a few months in jail to life in prison. At Berger Law, our sole focus is you. Our founder and managing attorney, Alex Berger, is the only exclusively practicing criminal defense lawyer in Marquette. This means your case will be in very attentive hands. You can expect a fast response from a passionate team. We’ll do our best to keep your criminal record clean.