Michigan Aggravated Assault Law: Everything There Is To Know!

Michigan Aggravated Assault Law - the Best Way to Avoid Jail is to Beat the Case. Michigan Assault Lawyer Brian J. Prain Discusses the Basics of Aggravated Assault and the Defenses...

Michigan Aggravated Assault Law - Avoid Jail![/caption] As a Michigan Assault Defense Lawyer, Prain Law, PLLC regularly defends those charged with violating the Michigan Aggravated Assault law, MCL 750.81a. The best way to avoid Jail is to be found NOT GUILTY of the Michigan Aggravated Assault charge. But before we get to the defenses under the Michigan Aggravated Assault law, let's address the basics about Michigan Aggravated Assault charges under MCL 750.81a:

Is Aggravated Assault in Michigan a Felony or Misdemeanor? Under the Michigan Aggravated Assault Law, even though it carries more possible Jail time than most Michigan Assault Misdemeanors, Aggravated Assault is a Misdemeanor in Michigan.

What are the possible penalties under the Michigan Aggravated Assault Law? If you are convicted of a violation of the Michigan Aggravated Assault law, you face "imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both." The fact that Aggravated Assault is punishable by 1 year or less in Jail is what makes still a Misdemeanor. However, a Michigan Aggravated Assault charge has the highest possible penalty a criminal charge can carry without being a Felony.

What exactly is Aggravated Assault in Michigan? How is it different from Assault and Battery? Aggravated Assault in Michigan is an Assault on an individual "without a weapon and inflicts serious or aggravated injury upon that individual without intending to commit murder or to inflict great bodily harm less than murder." In other words, the Michigan Aggravated Assault law, MCL 750.81a, has created a crime that is greater than regular Assault and Battery (because of a "serious or aggravated injury"), yet is not a Felonious Assault (because there is no "dangerous weapon" involved) and also is not an Assault With Intent to do Great Bodily Harm Less Than Murder (because of the lack of intent to do great bodily harm at the time of the alleged assault).

What is "Serious or Aggravated Injury"? A "Serious or Aggravated Injury" is what makes an Assault "Aggravated" under the Michigan Aggravated Assault law, MCL 750.81a. A "Serious or Aggravated Injury" is "a physical injury that requires immediate medical treatment or that causes disfigurement, impairment of health, or impairment of a part of the body."

AND NOW FOR THE DEFENSES UNDER THE MICHIGAN AGGRAVATED ASSAULT LAW...

1) Self Defense (or Defense of Others): This means your actions were justified because the other person either attacked you (or someone you were protecting) first or threatened to do so in a believable way. If you are successful in this defense, you will be found NOT GUILTY under the Michigan Aggravated Assault law. [click here for our other articles about self-defense in Michigan, including the Michigan Self-Defense Act]

2) It Just Didn’t Happen: You are alleging that the allegation against you is an outright lie or mistake. In other words, an event that meets the definition under the Michigan Aggravated Assault law, MCL 750.81a.

Have you been accused of violating the Michigan Aggravated Assault law? Whether you’re looking for the best plea deal, or you want to fight a false allegation at Trial, you'll need the best Michigan Assault and Battery Attorney you can. At Prain Law, PLLC, we have successfully fought for our clients to Jury verdicts of NOT GUILTY of Aggravated Assault charges in Michigan. Chances are, we’ve already dealt with a situation just like your unique case. We work around the clock, so call us anytime at (248) 731-4543 for an in-depth, confidential, fee consultation with a REAL attorney, OR fill-out the Contact Form.