The “ladder” of Assault charges in Michigan ranges from misdemeanor Simple Assault and/or Assault and Battery, to capital charges, punishable by up to life in prison. These include:
- Simple Assault and/or Assault and Battery
- Domestic Violence
- Aggravated Assault
- Felonious Assault (Assault with a dangerous weapon)
- Assault with Intent to Commit Great Bodily Harm
- Assault by Strangulation
- Assault with Intent to Commit Murder
All Assault charges are aggressively investigated by police, sometimes with mandatory arrest protocols, and are vigorously prosecuted. Only the most capable defense attorneys should handle these charges. For over 35 years, Joseph A. Simon has defended assault charges in Washtenaw and all surrounding counties leading to our case results, peer-reviewed ratings, and our 5-star client ratings.
I Was Charged With Assault But I Never Touched Anyone. Is This Legal?
An Assault is the offer of physical force or violence (clenching a fist, pointing a weapon) to another. A Battery is a harmful or offensive touching (actual contact with a person or an object closely connected with a person) of another. Assault charges, therefore, do not necessarily require an actual touching. Assaults increase in severity by certain “aggravating variables,” including the use of a weapon, a resulting injury or serious injury, or an intent to cause great bodily harm or death.
I Was Charged With Assault but I Was Defending Myself. Can I Still Be Prosecuted?
Yes. Self Defense is an “affirmative defense” that is usually decided by a judge or jury in a trial. In Michigan, a person must both honestly and reasonably believe they are in danger to use force to defend themselves or another to lawfully exercise the privilege. Self Defense can sometimes require a duty to retreat from danger when it is safe to do so. In some instances, a person has a right to "stand their ground" and use force, sometimes deadly force, to protect themselves.
What Do The Best Criminal Defense Attorneys Do To Defend An Assault Case?
Ethically, lawyers cannot and should not make claims about themselves such as being “the best.” Instead, lawyers should stand on their experience, ratings, reputation, and results. The best practices for Assault Crimes defense include: intimate knowledge of the local courts and participants; a thorough confidential client interview; obtaining all case discovery including in-car and body-cam police video, audio dispatch recordings, 9-1-1 audio recordings, interviewing any witnesses, preparing a client for the courtroom, and the ability to present a case in court in pretrial motion hearings and at trial.
For over 35 years, Joseph A. Simon has been helping persons charged with Assault crimes protect their freedom, reputation and future goals. Our attorneys have over 65 years combined experience in criminal defense and an unwavering commitment to excellence in criminal defense. If you or a loved one are being investigated for or charged with an Assault offense in Washtenaw, Wayne, Jackson, Livingston, or Lenawee County, contact our firm at 734-887-6200 for a free consultation.