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What To Do If You’ve Been Charged With Criminal Assault in Michigan

What To Do If You’ve Be…

Your Defense to Assault and Battery Charges in Ann Arbor

If you’ve been charged with assault and battery in or around Ann Arbor, Michigan, you may have questions about what to do next and the penalties you could face. At Elmen Legal, I’m here to answer your questions and defend you against criminal charges.

Penalties for an Assault and Battery Conviction

If you are convicted of a Michigan assault and battery charge, you could face serious penalties including hefty fines and jail time. The severity of the penalties will depend on the nature of the assault, the degree to which the alleged victim was injured, and how effectively your lawyer can defend you.

Assault and battery are technically two separate crimes. The assault refers to the attempt to injure someone else, while the battery refers to actually causing physical injury to another person. People are often charged with both crimes because an assault often precedes a battery.

Simple assault is usually charged as a misdemeanor, punishable by up to 93 days in jail, a fine of up to $500, or both.

You could face enhanced penalties if you commit an assault on certain categories of victims, including police officers, employees of a human services agency, someone with whom you are in a “dating relationship,” a pregnant woman, or when the assault is committed with a dangerous weapon.

Felonious assault in Michigan occurs when a person inflicts violence on another person with the intent to cause serious bodily harm or murder, or when the battery occurs during the commission of another felony. Penalties for a felonious assault conviction can be as high as 10 years and a fine of $5,000, or even life in prison.

Defenses to Michigan Assault Charges

While every assault and battery case is unique, there are a number of potential defenses to an assault charge, including:

  • You were defending yourself or someone else
  • You were defending your home or property
  • You did not intend to harm the other person
  • The threat of injury was unreasonable
  • You were provoked
  • The threats of violence were vague and did not include an overt act
  • The threats of violence were conditional
  • The allegations are false

Next Steps After a Michigan Assault and Battery Charge

If you have been charged with assault and battery in Michigan, you should contact an experienced criminal defense attorney as quickly as possible.

Defending yourself against charges of assault and battery is complicated and should not be attempted without professional assistance.

If you are arrested on charges of assault and battery, say as little about the incident as possible. Do not talk to the police, and do not discuss the incident with friends or family until you have had the chance to meet with an attorney. Try to remember as many details about the incident as you can. Seemingly minor details can be incredibly important when you meet with your attorney to discuss your defense.

Finally, remember that being charged with a crime is a far cry from being convicted. Until the prosecution has proven you guilty beyond a reasonable doubt, you remain innocent.

Contact Ann Arbor Criminal Defense Attorney Robert Elmen Today

At Elmen Legal, I will fight hard to protect your rights and will make the prosecution prove every element of its case beyond a reasonable doubt. I will analyze the facts, investigate the state’s evidence, interview potential witnesses, and work with experts as necessary to defend you against assault allegations.

Together we will work through the process of putting together your legal defense. I will advise you about your rights and help you decide how best to proceed. In some cases that may mean taking your case to trial, while in others it might be negotiating a plea bargain that is favorable to you.

At Elmen Legal, I proudly represent people who have been accused of crimes in and around Ann Arbor, Michigan.

Learn more about me and my firm, read why clients choose me, and contact me today by calling (734) 707-8915 or completing my online form.

Categories: Assault

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Admitted to practice law in 2014, Ann Arbor criminal defense attorney Robert Elmen defends people accused of crimes such as assault and battery, domestic violence, sex crimes, drug crimes, and drunk driving / OWI / DUI. His caring approach towards his clients sets him apart from other lawyers as he recognizes that people come to him during their darkest hours, looking for help, and for hope. Robert is a student of Brazilian Jiu-Jitsu, and draws on his martial arts training to help himself and his clients remain calm in the face of what may seem like insurmountable odds.

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