“Assault” is a frightening term. It invokes images of violent fights, brutal beatings, and or vicious brawls. The truth is that assault under Michigan law is a very broad term. This can be quite confusing.
Perhaps there was a misunderstanding. Something as slight as a menacing look could result in assault charges being brought. You may be tempted to talk to the police and explain your side of the story.
Don’t. Hiring an experienced Upper Peninsula assault attorney is likely your best chance at beating the rap.
Prosecutors in the county in which you were charged try to help victims of violent crimes feel a sense of justice by actively, and often wrongly, prosecuting individuals.
This is understandable, as assault usually results in someone getting hurt. However, the police and prosecutor are often eager to throw charges at whomever. This results in accusations, false charges, and innocent people being wrongly charged.
Fights between two people are often messy. It’s hard to discern who is at fault. Often, the party most injured is labeled as the victim and the other party as the assailant. Innocent people are charged as guilty.
Michigan law has many different variations of assault. The circumstances surrounding the situation can have a huge impact on how successful your case may be.
A tactful U.P. assault attorney can fight for your freedom. Those found guilty may face serious jail time, hefty fines, and harmful professional standing.
Assault and Battery are often lumped together to describe the same thing. However, Michigan law clearly separates the two. Assault in Michigan is any attempt or threat to cause physical injury to another person. Even something as simple as raising a fist or waving what is perceived to be a weapon can constitute assault. In the Upper Peninsula of Michigan, we often see clients facing serious charges for something as silly as scuffle at the local dive bar.
For example, an Assault charge can be brought even if you never even touched the other person. You could be convicted just because the other person mistakenly thought you were going to touch them. For something as innocent as a pat on the back, you could face lengthy jail time, damaged reputation, and serious fines.
Battery, on the other hand, requires that the physical infliction of violence against another person is carried out. This means that someone was punched or hit by an object. In other words, assault is the threat of injury and battery is the result of the injury.
Although a misdemeanor may not sound like much, the repercussions can be very serious. MCL 750.81 says that a person guilty of misdemeanor assault may face up to 93 days in jail or a fine of $500, or both.
These penalties are only effective if assault is the only conviction and if you have no other prior convictions. If a person is a repeat offender, assaulted a spouse or partner, or assaulted someone who is pregnant, the penalties become even more severe.
For this reason, an experienced assault lawyer can best help you make sense of your situation and fight to keep your freedom.
At Berger Law, it’s our job to get you off your charges and back to enjoying your life. Many successful strategies such as self-defense, raising evidentiary questions, and questioning procedural errors are employed to help prevent our clients from facing little to no penalties.
Our connections and experience across the entire Upper Peninsula of Michigan gives us the edge to possibly make your case disappear. We have an investigator and a team of professionals that will work every angle with you to get you the best result possible; and the best result we strive for is the case being dismissed for good.