January 16, 2024
How Long Are You in Jail for Assault in Michigan?
Have you been accused of or arrested on suspicion of assault in Michigan? If so, you might feel stressed and overwhelmed about what to expect next. It’s important to know what Michigan’s penalties for assault crimes are and how an assault lawyer can protect your future.
What Is Assault In Michigan?
According to the Michigan State Courts, Assault in Michigan is defined as either an attempt to commit a battery or the committing of an act that would cause a reasonable person to fear or apprehend an immediate battery.
Assault is generally considered a misdemeanor in Michigan unless circumstances (such as repeat offenses) require a felony judgement.
Penalties for Assault Crimes in Michigan
In Michigan, the law categorizes assault offenses into varying degrees of severity. How many days in jail and the exact punishment both depend on the specifics of the offense as follows:
Simple Assault Michigan
If someone assaults another person and the law does not prescribe another specific punishment, it’s considered simple assault, which is a misdemeanor. The maximum punishment is 93 days in jail, a fine of $500, or both.
Assaulting Certain Individuals
If the assault is against a current or former spouse, dating partner, or household member, or someone with whom the defendant shares a child, it’s still a misdemeanor. The punishment remains the same: up to 93 days in jail, a fine of up to $500, or both.
Assaulting a Pregnant Individual
Assaulting someone who is pregnant, knowing they are pregnant, is also a misdemeanor, punishable by up to 93 days in jail, a fine up to $500, or both.
Repeat Offenders
There are differences in penalties between a first-time assault charge and repeat offenses. If someone has a previous conviction for assaulting certain individuals and does it again, the crime is a more serious misdemeanor.
How long you spend in jail for an assault charge can depend on your assault case, but for repeat offenders, the punishment can be up to one year in jail, a fine of up to $1,000, or both.
Serious Repeat Offenders
If someone has two or more previous convictions for assaulting the same types of individuals and commits another such assault, it becomes a felony. The punishment for this is much harsher: up to five years in jail, a fine of up to $5,000, or both.
Potential Defense for Assault Charges in Michigan
If you face assault charges in Michigan, your attorney could use several defense strategies to fight the charges. These defenses depend on the details of the case. An effective defense can result in reduced charges, lesser penalties, or even a complete case dismissal. Here are some common defenses that an attorney might deploy in your case:
- Self-Defense: You only used reasonable and necessary force to protect yourself from harm.
- Defense of Others: You believed someone else was in immediate danger and acted only to defend that person.
- Accidental Harm: The injury resulted from an accident.
- Lack of Intent: You did not intend to threaten or harm anyone.
- Consent: The alleged victim consented to the action that led to the assault charge. This is often relevant in situations like sports, where physical contact is expected.
- Mistaken Identity: You are not the individual who actually committed the alleged assault.
- Alibi: You were somewhere else at the time of the alleged assault.
- Insufficient Evidence: There’s not enough evidence to prove the alleged assault happened.
Contact a Criminal Defense Attorney in Michigan
If you still have questions or wish to discuss your assault case with a Michigan defense attorney, don’t hesitate to contact Stacer, PLC. We can listen to your story and provide the answers you need when you call us for a confidential consultation session.