Michigan law has several classifications of assault and many grounds for enhancement. Facts like the use of a weapon or the alleged victim’s injuries can lead to different charges with different punishments. An assault attorney from our firm can advocate for you so you are not overcharged based on the facts of your case.
Comparison of Felonious Assault and Aggravated Assault Charges in Michigan
Assault is not defined in Michigan’s criminal statutes. Briefly, assault is an act that a victim reasonably fears will result in battery. For example, throwing an object at someone during an argument is assault, even if you miss.
Battery is also not defined in the criminal statutes. Battery occurs when you deliberately make physical contact with the victim in a violent, forceful, or offensive way. Thus, pushing, kicking, or punching someone would constitute battery.
Felonious assault and aggravated assault are charges available to a prosecutor when the circumstances go beyond simple assault and battery.
Aggravated Assault Under Michigan Law
Aggravated assault in Michigan is defined by the alleged victim’s injuries. If those injuries are “serious or aggravated,” a prosecutor can charge the aggressor with aggravated assault rather than simple assault. Under Michigan’s model jury instructions, a serious or aggravated injury is one that:
“requires immediate medical treatment or that causes disfigurement, impairment of health, or impairment of a part of the body.”
Felonious Assault Under Michigan Law
Felonious assault is an assault with “a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapons.” Note that a felonious assault does not require the use of the weapon. Thus, threatening someone with an iron bar constitutes felonious assault even if you never hit the victim with it.
Key Differences Between Felonious Assault and Aggravated Assault Charges in Michigan
There are many differences between felonious assault and aggravated assault:
- Aggravated assault occurs without a weapon while felonious assault requires a weapon.
- Aggravated assault requires a battery that results in a serious or aggravated injury. Felonious assault does not require a battery and can just constitute a threat of battery.
- A domestic aggravated assault can be enhanced if the aggressor is a repeat offender.
- A felonious assault can be enhanced if the assault occurs in a weapons-free school zone.
Is Aggravated Assault a Felony in Michigan?
No, and this is a critical difference between aggravated assault and felonious assault. Aggravated assault is a misdemeanor punishable by up to one year in jail and a $1,000 fine for a first offense. Felonious assault is a felony punishable by up to four years in prison and a $2,000 fine.
An Assault Attorney Can Help You Fight Aggravated Assault Charges
Talking to an aggravated assault lawyer to make sure you are not overcharged can be critical for your future. A felony conviction for felonious assault might result in substantial jail time and a criminal record that can be used to deny you job opportunities, professional licenses, and rental homes. A misdemeanor conviction for aggravated assault, on the other hand, might result in a fine, minimal or no jail time, and a record that could be expunged after a few years.
Contact us through our website or call 248-206-5397 for a free initial consultation at our office at 520 North Main Street, Royal Oak, MI 48067 to see how we can help you with your felonious assault or aggravated assault charges in Michigan.
Sydney Fairman is the Social Media Marketing Specialist for the Law Offices of Barton Morris and Cannabis Legal Group. While at Central Michigan University, Sydney was an active member of Alpha Sigma Alpha sorority and held various internships, leadership and part-time positions. These places of employment include the City of Mt. Pleasant, Grand Central Magazine, Mackinac State Historic Parks and WCMU Public Media (PBS). She graduated in May 2018 with a Bachelors Degree in Applied Arts in Integrative Public Relations and minor in Journalism. Sydney comes to us after her first position post-college with Gale, a Cengage Company as a Marketing Associate. She possesses a passion for writing, marketing and graphic design and showcases this on the Law Offices of Barton Morris’ website/social media channels, as well as Cannabis Legal Group’s website/social media channels.