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Kent County Assault Lawyer
Assault is a term that covers a wide range of criminal offenses in Kent County, some of which are misdemeanors and some of which are serious felonies. The charge often arises in situations involving fights or domestic disputes, because it takes very little for a simple argument to escalate into a situation that runs afoul of assault laws.
Although assault is common does not mean it is a simple or minor offense. Kent County assault lawyers have seen the least serious assault offenses carry potential penalties that include substantial jail time and hefty fines. If you have been charged with assault, it may be vital to contact an experienced assault lawyer who understands how the laws apply to the circumstances of your case and how to present the best possible defense.
Simple Assault and BatteryAt the most basic level, an assault can occur in one of two ways. When an individual attempts to cause physical harm to another, even if the attempt causes no injury whatsoever, the attempt is considered an assault. If an individual threatens another person with bodily harm and appears to have the ability to carry out that threat, the mere threat itself becomes an assault so long as the actions cause the other person a reasonable fear of impending violence.
Any contact that results from the attempt or threat can be considered battery. Michigan law classifies this type of assault or assault and battery involving no weapons and no serious injury as a misdemeanor punishable by up to 3 months imprisonment and a fine of up to $500. A Kent County assault lawyer will have the local understanding an individual might need to mitigate their charges.
Aggravated AssaultWhen injuries result from an assault, the offense grows more serious. What is frequently referred to as aggravated assault occurs when an individual assaults another and causes serious or aggravated injury. When such injury is caused without the use of a weapon and without the intent to kill or inflict serious bodily harm, the offense is treated as a misdemeanor, but one that is more serious than simple assault. The potential jail time increases to one year for a first offense and the fine may be as much as $1,000.
Felony AssaultKent County assault lawyers have experienced cases where additional circumstances will escalate the assault to the felony level. To begin with, the use of “gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon” will cause the offense to be treated as a felony punishable by up to four years’ imprisonment and a fine of up to $2,000.
If an individual assaults another with the intent to maim or cause great bodily harm or through the use of strangulation of suffocation, the penalty for the assault may increase to ten years in prison and a fine of up to $5,000. If it is shown that the assault was committed with the intent to murder, the maximum punishment is life in prison.
Factors That can Increase PenaltiesIn addition, the presence of certain circumstances can increase the penalties. These circumstances include situations where:
- The violation is a subsequent offense
- The assault is carried out against a law enforcement official
- The assault involves a weapon on school grounds
- The assault is carried out against a pregnant female
Because the facts surrounding the incident are so important, it is vital to recover as much evidence as possible involving the circumstances that reveal intent and other factors in the case. An experienced Kent County assault lawyer will work to uncover as much evidence as possible and help ensure that it is presented in the light calculated to bring about the best possible outcome. Contact today to get a skilled attorney working on your side.