How to Know if Aggravated Assault Charge Is a Felony – Michigan Felony Assault Charges

A disagreement can turn into more than a black eye if law enforcement responds to the situation or if someone files assault charges. Assault charges are taken very seriously in the state of Michigan with convicted individuals facing severe fines, penalties, and even jail time. If you find yourself facing an assault charge, the best thing you can do is find a felony assault defense attorney.  The Law Offices of Barton Morris can help you navigate your assault charge and formulate a defense on your behalf. Keep reading to learn more about aggravated assault charges in Michigan or schedule a free consultation today!

Assault Definitions You Need to Know 

The first step in understanding the charges against you is to fully understand the different types of assault in Michigan. In the state of Michigan, assault and battery are two separate charges. 

• Assault is defined as attempting to cause physical harm or injury to another person or any intentional unlawful act or threatening action. The conviction depends on the offender’s ability to carry out the act of violence and if the action of the offender would cause a reasonable person to fear harm. 
• Battery, on the other hand, is a completed intentional assault using violence or force against another person. 
• A felony assault charge is an assault and battery that is committed with the intent to cause severe bodily harm or murder a victim, when committed with the intention to commit another felonious activity, like robbery or kidnapping, and also involves a dangerous weapon. 
• Domestic violence assault is an assault committed against a current spouse or partner, former spouse or partner, someone whom you have a child with or someone who you live or have lived with. 

At The Law Offices of Barton Morris, our highly-experienced assault defense attorneys will ensure you fully understand any charges you are facing and the penalties for each charge in Michigan. 

Penalties for a Michigan Assault Conviction

Penalties for a Michigan assault charge can vary greatly depending on the severity of injuries to the victim, the status of the relationship (such as a domestic relationship) between the defendant and victim, whether or not a deadly weapon was used during the assault, the number of assault offenses the defendant has had prior if the defendant was in the process of committing another crime (ex. robbery), and the extent to which the victim was harmed during the assault. 

Assault without a dangerous weapon is considered a misdemeanor charge, punishable by up to 93 days in a Michigan jail, a fine up to $500, or both. 

Aggravated assault and battery is considered a felony assault charge that is punishable by up to one year in jail, a fine up to $1000, or both with a two-year probation and possibly restitution payment. 

If the offender was in a domestic relationship with the victim, they face charges of domestic assault and battery with a first-time conviction being a misdemeanor, punishable by up to 93 days in a Michigan jail, a fine up to $500, up to two years of probation, and restitution payments. If this is the offender’s second charge of domestic violence assault or assault and battery, this is considered a felony assault, punishable by up to one year in jail, a fine of up to $1000, and up to two years of probation, and restitution payment. 

Aggravated domestic assault or assault and battery is considered a felony assault charge, punishable by up to one year in jail, a fine of up to $1,000, and up to two years of probation, and restitution repayment. A prior domestic assault or assault and battery charge will increase the punishment by two years in a Michigan prison, a fine of up to $5,000, up to two years of probation, plus restitution payment.

Assault with the intent to murder is also considered a felony assault charge in the state of Michigan punishable with a life sentence in prison, but if the intent was only to inflict severe bodily harm, the penalties are reduced to 10 years in prison, a fine up to $5,000, or both.

If an assault was committed during another felony (ex. burglary, rape, kidnapping, etc.), the assault charge is punishable by up to 10 years in prison, a fine up to $5,000, or both. 

If the assault was committed while attempting to steal from another individual, and the assailant was unarmed, the offender could be punished with up to 15 years in a Michigan prison; if the offender was armed with a dangerous weapon the punishment is more severe–life in prison. 

The Law Offices of Barton Morris will help you fully understand all penalties you are facing due to the severity of your assault charge. 

Michigan Assault Charge Defenses 

To be convicted of an assault in the state of Michigan, a prosecutor must prove every element of the crime beyond a reasonable doubt. Our assault defense attorneys will go over every detail of your unique situation and formulate your defense. Possible defenses for your aggravated assault charge include: 

• Self-defense 
• Defense of others 
• Defense of property
• Consent 
• Duress
• Necessity 
• Lack of mental state

What to Do if You Have Been Charged With Assault 

The best thing to do if you are facing an assault charge is to find yourself a good assault defense attorney. Invoke your right to remain silent and request a lawyer. With over 20 years of experience, The Law Offices of Barton Morris has the necessary skills to help you navigate any assault charge you may be facing and provide expert assault charge defense. Call us today for a free consultation!