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As defined by Michigan law, aggravated assault is different than simple assault, because there is a serious injury that results from it. An aggravated assault has all the same things of a simple assault except for that the person got seriously injured by the assault.
In aggravated assault cases, the level of intent is the same. This means that the person was either reasonably in fear of an immediate battery or the intent to injure someone. A Michigan aggravated assault lawyer can review the case against you and help create the most appropriate defense for your future. If you are being accused of aggravated assault, contacting a distinguished assault lawyer in Michigan may be critical to your case.Serious Bodily Injury
In Michigan, the definition of aggravated assault entails a serious injury that comes from case law and the manifestation of that case law set forth in jury instructions. An aggravated assault injury means one that requires immediate medical treatment or that causes disfigurement, impairment of health, or impairment of a part of the body.Acknowledging Injuries
The injuries sustained from a Michigan aggravated assault case do not have to be incredibly severe. There have been cases where there has been no catastrophic injury. However, when an individual becomes unconscious or hits their head, sometimes, it may involve stitches. This may not seem incredibly seriously, but they are questions of fact.
It is always a gray area from one side to the other, from black to white, where the person can be categorized as suffering a catastrophic injury. Those injured individuals are given some guidance from the jury instructions as to what this exactly classifies. Such classifications can be best explained by an experienced Michigan aggravated assault lawyer.Michigan Penalties
A Michigan aggravated assault attorney can disclose to an individual that the penalties associated with the charge are up to a year in jail, a fine of up to $1,000, and two years of possible probation. Based on an assault and battery, having an assaultive crime on record, even though it is a misdemeanor, can cause future or present employers to either fire the person or not hire them. These charges can also cause collateral consequences for international travel and immigration.
People can be deported based on that as a crime of moral turpitude. There are many issues with a conviction, such as a negative effect on volunteer opportunities. Further, it can impact an individual's background checks. A person may not be able to volunteer or maintain their current job if they have an assaultive crime on their record. Due to the severity of these consequences, an individual should not hesitate before consulting with an aggravated assault attorney in Michigan as soon as possible.Assault with a Deadly Weapon
Assault with a deadly weapon is sometimes called a felonious assault. Examples of deadly weapons include a gun, revolver, pistol, knife, iron bar, club, brass knuckles, and any other dangerous weapon. In certain ways, any common object, even something like a fork, might be brandished or used in such a way that it could be considered a deadly weapon under the facts and circumstances. Even a vehicle, for example, could be used as a dangerous weapon. A deadly weapon is not always just those things one might normally think of, but most of the time, these crimes do involve things like guns and knives.Potential Consequences
In that situation, if a person did not intend to commit great bodily injury, a crime less than murder or murder would put them in the category of felonious assault or assault with a dangerous weapon. Assault with a deadly weapon is punishable by up to four years in prison, a fine of up to $2,000, or both, and then up to five years of probation.
However, depending on how serious the assault is, the penalties may vary. Simple assault and battery would be up to 93 days in jail. Misdemeanor assault charges in Michigan can carry up to two years of probation, and a felonious assault can carry up to five years of probation. For the most serious crimes, a person can go to prison along with a period of parole after release from the facility.Contacting an Attorney
Aggravated assault charges are serious and life-altering. Facing charges or being accused of such a crime could have an impact on the way an individual lives their everyday life. These impacts could include trouble finding a job, tarnished reputation, and hurt relationships with neighbors and loved ones.
It is very important that as soon as someone hears of an accusation or investigation into assault charges toward them that they contact a Michigan aggravated assault attorney immediately. A seasoned lawyer can be by their side every step of the way.