Aggravated Assault - Michigan's Definition

Aggravated Assault - Defined by Michigan Law

"An attempt to commit a battery or unlawful act that places another in reasonable fear of receiving an immediate battery (injury)... [coupled with] an intent to injure or an attempt to put the victim in reasonable fear of immediate battery (injury)."

In simplified terms, when Michigan files Assault charges, it can be anything from Simple Assault, to Assault and Battery, or Aggravated Assault. Moving the charges, essentially, from threat of assault, to an unwanted touching, to a touch causing a serious injury (one which requires medical treatment).

In the State of Michigan, for an Assault to become "Aggravated", it must meet the definition of Assault, or Assault and Battery...(a forceful, violent or offensive touching of the person, or something closely connected to the person,... which was intended by the defendant, that is, not accidental, and it must have been against the complainants will. It does not matter if the touching caused an injury) AND result in a serious or aggravated injury. See Aggravated Assault MCL 750.81a.

A Serious or Aggravated Injury Must Meet Any One of the 4 Following Descriptions:
  • Requires Immediate Medical Treatment

  • Causes Impairment of Health

  • Causes Impairment of the Body

  • Causes Disfigurement

If a person commits an Aggravated Assault in Michigan that produces ANY of these 4 results, they will likely be charged with Aggravated Assault, according to MCL 750.81a (see link above), and could spend up to 1 year in jail in addition to probable fines and costs of up to $1000.00. This, in addition to the real possibility of a permanent conviction on your public record, available to all colleges, potential employers, or anyone else who knows where to look, is a lot to deal with on your own.

When you are charged with this kind of assault in Michigan, that means that there is evidence against you, that, at your hand, a victim was required to seek medical attention, their health or body was impaired, or they were caused to be disfigured.

At Prain Law, PLLC, we concentrate our Criminal Defense Practice in Assault Crimes. With our knowledge and experience in Michigan Assault Laws, Courts and Legal Processes, we get the kind of results you're looking for... every day! If you are facing an Assault Charge in Michigan, of ANY kind... call our Law Office today at (248) 731-4543 for a free consultation. Or, fill out the form and we will contact you, personally.

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