In Northville, assault is an offense that encompasses a range of crimes, some of which are treated as misdemeanors and others as serious felonies. Moreover, assault can also be raised as a claim in civil court by an individual seeking monetary damages.
Assault charges frequently result after an argument or domestic dispute becomes loud and attracts attention from others. It is possible for individuals to commit an assault without even being aware they have perpetrated a criminal offense. The consequences can be quite serious, especially in domestic situations. Anyone charged with assault should meet with a Northville assault lawyer as quickly as possible. An experienced criminal attorney can help you try to minimize risk and help build the best possible defense on your behalf.
Misdemeanor Assault and BatteryWhat is often referred to as simple assault takes place when one of two circumstances occurs. The first is when an individual makes an attempt to cause a physical injury to another person. Even if the individual causes no harm or no contact results from the attempt, the act itself constitutes an assault.
The second instance occurs when an individual makes a threat of physical harm against another. If the individual seems to have the ability to carry out the threat and it would cause a reasonable person to fear imminent physical harm, then the threat itself constitutes an assault.
When the attempt or the threat of violent harm causes physical contact with another such as a blow with the hand or the strike by an object, that contact constitutes battery. Under Michigan law, a simple assault or assault and battery is a misdemeanor so long as it is a first offense. Basic assault is punishable by up to three months imprisonment and a fine of as much as $500.
Aggravating FactorsNorthville assault lawyers have seen cases where an assault results in a serious or aggravated injury but no weapon is used. If the assault is made without an attempt to cause serious harm, the offense is considered an aggravated assault and the penalties increase. The potential jail sentence is up to one year and the potential fine may be as much as $1,000. If the assault is a first offense, the crime is still technically a misdemeanor.
Felony Assault OffensesThe use of weapons, the demonstration of intent to cause serious injury, prior convictions or other circumstances will transform the assault to a felony offense. Section 750.82 of the Michigan criminal statutes specifies that an assault committed with a dangerous weapon such as a gun, knife, club or brass knuckles is to be treated as a felony punishable by as much as four years in prison and a fine of up to $2,000 so long as the assault was not committed with an intent to kill or inflict great bodily harm.
Where there is shown to be such intent, the penalties increase. If an individual commits assault with the intent of murdering another, the offense is punishable by life imprisonment. If committed with the intent to cause great harm but not to kill or if suffocation or strangulation is used, the offense is a felony with a maximum penalty of up to ten years in prison and a fine of up to $10,000. An individual who assaults another with an attempt to maim faces the same penalties under Section 750.86 of the criminal code.
The potential consequences of an assault charge could have long-term impacts that never go away. It is vital to seek advice from a top Northville assault lawyer as soon as possible to avoid making a costly mistake.