Super Lawyers
Justia Lawyer Rating
The Best Lawyers in America
Avvo Clients' Choice
Avvo Rating 10.0
National College for DUI Defense
National Collage for DUI Defense
American Council Of Second Amendment Lawyers
Avvo Clients Choice Award
Avvo Rating
Trial Lawyers University
Best Lawyers
James Publishing Author
Super Lawyers
Trial Lawyers College

Assault Penalties

Michigan assault penalties can be anything from zero to 93 days in jail on a simple assault. For more serious assault crimes, it could get up to assault with intent to do great bodily harm, the penalty includes years in prison. Penalties range quite a bit from a minor assault up to the most severe assault.

When facing penalties for assault charges, contacting a distinguished assault lawyer may be vital to the future outcome of your case. A Michigan assault lawyer can discuss with you the type of consequences you may face based on the specific facts of your case.

From Assault Charges to Enhanced Penalties

Consequences and penalties can add up if the person had a prior criminal history of domestic violence. The first domestic violence charge would be a misdemeanor charge up to 93 days in jail. The second one gets raised to a one-year misdemeanor. It jumps from just 93 days to one year.

The third time, there is a conviction and if the person has had it twice and gets charged a third time, it is a felony. It becomes a five-year felony. That is a situation where having those in the past can increase the penalties from having other ones in the past.

Michigan assault penalties for an assaultive type crime might have a greater likelihood of getting jail time. Even though two different crimes are listed with the same maximum penalties, they may be treated more seriously because of the nature of the injuries.

Prosecution's Demonstration Against the Accused

All elements of the crime must be proven beyond a reasonable doubt, which is a very high standard. In doing so, they must show that either an attempted battery or a battery happened or the person was placed in reasonable apprehension of immediate battery. The prosecution must show that there was intent with either assault or battery offenses.

It is important and there are a lot of potential defenses for the argument of intent. The intent side of things is always somewhat of a challenge for a prosecutor to show because there could be an accident and the person cannot have an accidental assault. There must be intent before determining the Michigan assault penalties.

Available Diversion Programs or Alternative Sentencing

When determining Michigan assault penalties there are different sorts of deferrals depending on the person's age, the facts of the case, the court, and the applicable statutes. In the case of domestic assault or domestic violence, there is also an important first offense program.

If a person is placed on what they call a deferral for domestic violence or domestic assault, it is a first-time conviction, and they complete a period of probation and usually anger management will also be ordered along the way, and if they comply, then if the court agrees ahead of time, this offense can sometimes come off the public record. Not having a public record of the conviction can be huge for future employment opportunities and lots of other different things. It is one of the very few things that Michigan law has for first-time offenses, but that is not guaranteed.

If what has happened to the person when on probation and they picked up a new charge or something else happened and the court decided to revoke that special status, it is the first-time deferral. It is not a guarantee, but if it is successfully completed, it is a very positive thing to have that not on your record in any way. That is a very important first defense program. The code for that is MCL Section 69.4a and it is an important statute.

Contacting a Lawyer Immediately

The laws in Michigan, and the criminal justice court system more generally, are very intimidating and confusing things. Anyone involved in the system must have a lawyer. Due to the severity of the penalties in the situation, a person should contact an attorney.

If a person has an assaultive crime on their record that can lead to issues with losing the person's job or not be able to get a future job. Volunteer opportunities might not allow a person to serve, because of the assaultive crime on their record. For people who are not U.S. citizens, there could be potential immigration consequences, including deportation depending on the facts of the situation.

Having an attorney on a person's side who knows how to negotiate with prosecutors and knows how to try these cases can be essential minimizing the impact of Michigan assault penalties.

Call Today! FREE Consultation Lawyer and Receive Immediate Attention for Your Criminal Law Case Patrick T. Barone is a Michigan Super Lawyer, who has maintained continuous top attorney ratings since 2007. In addition, the Michigan native is the author of multiple books on OWI, DUI and criminal law. The OUIL attorney near me has lectured at over 80 legal seminars all over America. He leads Barone Defense Firm in providing aggressive legal warriors for each client's criminal case.

Contact us 24 hours a day at our law firm’s easy to remember toll-free number, 1-877-ALL-MICH or 877-255-6424, for a free criminal case review. The Michigan attorneys near me at Barone Defense Firm travel the entire Great Lakes State, to help citizens in legal trouble in Michigan for alleged criminal law violations.

For your FREE lawyer consultation, call today to learn how to protect yourself from a possible unwarranted conviction. What do you have to lose, when the free legal advice with our litigation team’s criminal lawyers near me can answer many tough questions?

Client Reviews
Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.