Assault Crimes Attorney in Michigan
At Coontz Law, we believe everyone deserves a fair defense. We stand by you with a client-focused, non-judgmental approach because facing assault charges requires a legal team that understands the stakes and is ready to protect your future.
Are you ready to OVERCOME?
Assault crimes are among the most serious allegations one can face, often leading to severe legal repercussions and lasting personal consequences. These charges can encompass a range of offenses, including simple assault, aggravated assault, and felonious assault, each carrying significant penalties.
Even unfounded accusations can have a profound impact on an individual’s reputation and personal life. If you are facing any assault charges, it is crucial to seek legal representation promptly. A conviction can result in harsh penalties, including imprisonment and a permanent criminal record.
What Constitutes Assault Under Michigan Law?
Assault charges cover a range of offenses, each with unique definitions and potential penalties. Understanding these distinctions can help you better grasp the situation you’re facing. Here are some common types of assault charges:
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- Simple Assault: Simple assault involves the intentional threat or attempt to cause physical harm to another person without using a weapon. While it doesn’t result in serious physical injury, it is still considered a criminal offense in Michigan, typically charged as a misdemeanor.
- Aggravated Assault: Aggravated assault occurs when an assault results in serious physical harm, such as broken bones or injuries requiring medical treatment. Unlike simple assault, aggravated assault acknowledges the extent of injury caused to the victim, leading to higher penalties.
- Assault with a Deadly Weapon (Felonious Assault): Assault with a deadly weapon involves the use of a weapon—such as a knife, gun, or blunt object—during the assault, even if no injury occurs. This is a felony charge in Michigan, reflecting the increased risk of harm posed by using or threatening to use a weapon.
- Assault with Intent to Cause Great Bodily Harm: This type of assault involves an intent to inflict serious injury that could lead to long-term physical or emotional harm. While it may not involve a weapon, the intention and severity of the potential harm make it a serious felony charge.
- Domestic Assault: Domestic assault charges arise in cases of assault or battery involving individuals in a close. relationship, such as spouses, family members, or cohabitants. Michigan takes domestic assault seriously, with specific legal protocols to protect victims and prosecute offenders.
- Assaulting a Police Officer: Possession, distribution, or production of child pornography carries some of the harshest penalties, including mandatory federal sentencing.
Each of these assault charges carries serious consequences, from jail time and fines to a lasting criminal record. At Coontz Law, we’re dedicated to helping you understand the charges against you and crafting a defense that supports your best interests.
Why You Need a Dedicated Assault Attorney
Whether facing misdemeanor or felony charges, the complexity of the legal system necessitates a specialized assault attorney. At Coontz Law, we distinguish ourselves not only through our legal strategies but also in our client-centered approach.
Your rights, well-being, and future are our top priorities. We take a comprehensive approach to your defense, meticulously examining every facet of your case, from challenging the validity of the charges to reviewing evidence collection methods—ensuring that no detail is overlooked in the pursuit of your best outcome.
How We Defend Your Case
At Coontz Law, we provide a strategic, client-focused approach to defending assault cases. Our goal is to ensure that you have the strongest possible defense, tailored to the unique aspects of your case.
Here’s how we work to protect your rights:
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Challenging Evidence: We carefully examine the evidence against you, identifying any gaps, inconsistencies, or procedural errors. Whether it’s witness statements, physical evidence, or law enforcement procedures, we look for weaknesses that can be used to your advantage.
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Evaluating Intent: Assault charges often hinge on questions of intent. We thoroughly investigate the context surrounding the incident to present factors that clarify your intentions, including misunderstandings, emotional triggers, or potential grounds for self-defense.
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Negotiation or Trial: Our commitment is to achieve the best possible outcome for you. If a favorable plea deal is in your best interest, we’ll negotiate vigorously on your behalf. However, if trial is necessary, we are prepared to fight in court, presenting a compelling defense to protect your future.
What Constitutes Assault in Michigan?
Michigan defines assault under Section 750.81 of the state’s penal code.
According to Section 750.81, assault includes any attempt to cause another person physical harm. You do not have to actually hurt someone in Michigan to face charges for assault. In fact, successfully harming another person could lead to different criminal charges.
Individuals may also face assault charges if they perform a threatening action or intentionally act unlawfully. If these actions cause someone else to fear that they’ll face impending violence, an individual could face assault accusations.
If the victim of my assault or violent crime does not wish to pursue charges, will I still be prosecuted in Michigan?
Yes, even if the victim of your assault or violent crime does not want to pursue charges, prosecution may still occur in Michigan. The decision to file charges rests with the prosecutor, not the victim. While prosecutors will consider the victim’s input, they ultimately hold the authority to make the final decision, often disregarding the victim’s wishes.
This is particularly common in domestic violence situations, where victims may call the police one day and then request that charges be dropped the next. As prosecutors observe this cycle repeatedly, they may become desensitized, making victims’ requests for leniency less impactful.
However, an unwilling victim can complicate the prosecution of the case. The victim might refuse to testify in court or provide inconsistent statements compared to what they relayed to law enforcement. Generally, prior statements made by the victim to police are classified as hearsay and cannot be used substantively to support the charge.
Thus, while an indecisive victim won’t prevent you from being charged, it may ultimately lead to the dismissal of the case against you.
Can I use self-defense as a legal claim in my assault or violent crime case in Michigan?
Yes, you may be able to assert self-defense in your assault or violent crime case in Michigan, provided the facts support your claim. Generally, you can utilize force to protect yourself from an imminent unlawful threat posed by another individual. You must genuinely and reasonably believe that your use of force is necessary for your defense, and you should only employ an amount of force that is proportional to the threat you face.
Moreover, Michigan’s “stand your ground” law eliminates the obligation to retreat in most situations. This means you are not required to attempt to escape from the aggressor before using force; you can stand your ground and respond to the threat directly.
Assault and Battery
Assault
Assault is defined as an attempt to cause physical harm to another person or the act of putting someone in reasonable fear of imminent harm. It does not require actual physical contact; the intent to cause harm or the threat of harm can suffice for an assault charge. In Michigan, assault is generally classified as a misdemeanor, but it can escalate to more severe charges depending on the circumstances.
Battery
Battery refers to the actual physical contact or use of force against another person without their consent. This can involve hitting, pushing, or any form of unwanted physical touch that results in harm or injury. In Michigan, battery is often charged alongside assault, as the two offenses are closely related. Battery can be considered a misdemeanor or a felony, depending on the severity of the actions and any resulting injuries.
Key Points
- Assault: Attempt to cause harm or instilling fear of imminent harm; does not require physical contact.
- Battery: Actual physical contact or use of force that causes injury or harm; involves non-consensual contact.
Both assault and battery can carry significant legal penalties, including fines and imprisonment, particularly if they are classified as felonies or involve aggravating factors such as the use of a weapon or the victim’s status (e.g., a police officer).
Our team is ready to assist you in developing a strong defense against assault charges, including:
- Assault and Battery
- Aggravated assault or first degree assault
- Assault with Intent to Commit Great Bodily Harm
- Assault with a deadly weapon
- Domestic Assault
- Felonious Assault
- Verbal threats
- Stalking (Aggravated)
- Menacing
Why Choose Coontz Law?
When you’re facing serious accusations, you need more than just a defense attorney—you need someone who genuinely cares about your case and your future. At Coontz Law, we understand that the legal system can feel stacked against you, but we believe that everyone deserves a fair chance.
We’re different by design. We focus on what truly matters—our clients and the outcomes that impact their lives. We provide a non-judgmental, confidential environment where you can feel supported throughout the process. Our team takes care of each other so we can better take care of you. We’re committed to providing you with the best legal defense, all while maintaining your privacy and dignity.
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