What Makes a Michigan Assault "Aggravated"?
At The Law Office of Brian J. Prain, PLLC, we concentrate our Michigan criminal defense practice especially on Assault crimes, and with our superior knowledge of Michigan's Assault laws, we get results like no other! If you've visited our website before, or if you'er facing a Michigan Assault charge or Aggravated Assault charge, you're probably already aware that Michigan law defines "Assault" as:
"an attempt to commit a battery or an unlawful act that places another in reasonable apprehension of receiving an immediate battery . . . [coupled with] an intent to injure or an intent to put the victim in reasonable fear or apprehension of an immediate battery." People v. Joeseype Johnson.
In the lazy vernacular of Michigan Assault charges, when we say "Assault," we are often actually referring to an Assault and Battery. which means that there was an actual touching; an Assault and Battery is "a forceful, violent, or offensive touching of the person or something closely connected with the person of another . . . [which was] intended by the defendant, that is, not accidental, and it must have been against [the complainant’s] will. It does not matter whether the touching caused an injury." Criminal Jury Instruction 2d 17.2. In other words, often times when we say "Assault" in Michigan, we really mean Assault and Battery.
For an Assault to become an Aggravated Assault in Michigan, it must meet the definition of Assault or Assault and Battery (above), plus it must result in a "serious or aggravated injury." This is according to the Michigan Aggravated Assault law, MCL 750.81a But just what is a "serious or aggravated injury?" Let us explain . . .
A "serious or aggravated injury" means a physical injury which meets any of the following 4 descriptions:
-
Requires immediate medical treatment
-
Causes disfigurement
-
Causes impairment of health
-
Causes impairment of a part of the body
Thus, if a person commits an Assault in Michigan that produces any of the above 4 results, then they will likely be charged with Aggravated Assault under Michigan law, MCL 750.81a, and could spend up to 1 year in the County Jail and or have to pay up to a $1,000.00 fine. That's a lot to face, not to mention the possibility of having a permanent Michigan Aggravated Assault conviction on your criminal record for all of the public to see.
Remember that if you are charged in Michigan with Aggravated Assault, that means there is evidence against you that a person was injured badly enough to have to go to the doctor/hospital, was disfigured, their health was impaired, or a part of their body was impaired. In other words, you may find yourself attempting to stay out of Jail and keep your record clean in the wake of a bunch of damaging evidence photos depicting blood, bruising, and disfigurement - not to mention the possibility of medical testimony.
Those types of hurdles are things you normally wouldn't have to face for a regular (or "Simple") Michigan Assault charge or Assault and Battery charge, and you'd be well served to consult with a Michigan Aggravated Assault Attorney who concentrates specifically on these types of cases. The Law Office of Brian J. Prain, PLLC is that Michigan Aggravated Assault Attorney; we're different - Michigan Assault charges are our focus! Due to our exceptional and extraordinary knowledge regarding these types of Aggravated Assault cases, we get real results for real people. Contact The Law Office of Brian J. Prain, PLLC confidentially for a free consultation right away.
SPECIAL NOTE: THERE WILL BE SIGNIFICANT CHANGES TO MICHIGAN'S AGGRAVATED ASSAULT LAW, MCL 750.81a, EFFECTIVE APRIL 1, 2013. CALL US IMMEDIATELY TO SEE HOW THEY MAY IMPACT THE OUTCOME OF YOUR CASE AND YOUR SENTENCE.