What Happens in a Misdemeanor Assault Case? Let the Professionals Explain...
One of the most frequently asked questions when someone finds themselves in the unwanted position of needing to know, is: What Happens in a Misdemeanor Assault Case? What is the process... and what will my biggest problems be?
Domestic Violence, also known as Domestic Assault, is the most common type of Assault or Assault and Battery we see in Michigan MRL 750.81(2). A Misdemeanor Assault becomes a Domestic Assault case when any of the following applies: The Accuser is:
1. your spouse; 2. your ex-spouse; 3. someone you have a child with; 4. someone you are dating; 4. someone you used to date; 6. someone you arethinking about dating or becoming romantically involved with.
Since the only difference between facing a simple assault or assault and battery charge and a domestic violence charge is who your accuser is, and nothing else, this raises some upsetting possibilities. For example:
If you are on a date with someone you are considering dating again, and you attempt to kiss them and they back away, according to Michigan Assault Law, you could be charged with domestic violence and potentially lose your freedom for up to 93 days, be required to pay $500 in fines, be placed on probation, and end up with apublic record that includes the word VIOLENCE.
One of the most common, and dangerous misconceptions for someone facing a Domestic Violence charge, is that you can fix things with your accuser and that in exchange the accuser can drop your charge. Make no mistake, only the Prosecutor can dismiss your charge, and as a general rule they will not, regardless of whether the accuser has a change of heart. Once the accusation has been made - you have to defend for your freedom, not reconcile for it.
In response to the immense National Media fascination with domestic violence, Michigan Domestic Violence Law creates an environment that has easily incentivized the jaded spouse or bitter ex to try and manipulate your decisions and actions by accusing you of a crime which could cripple your future and even affect your ability to see your children.
Don't allow societies illusion about domestic violence become your reality. The right Criminal Defense Attorney (PRAIN LAW, PLLC) understands the realities of this kind of Assault charge, and is prepared to expose the issues for what they are, and bring you the justice that you deserve.
The word Assault (Simple Assault) is a most misunderstood and misused word. Although the word "assault" conjures images of a brutal beating, the harsh reality is that the Michigan Assault Law is so broad that you could face jail, fines, probation and a permanent criminal record for something as simple as the kiss we talked about earlier in this article.
In fact, under Michigan law, an assault conviction DOES NOT require that you actually touch anyone at all. You could be convicted of misdemeanor assault just because the other person thought you were trying to touch them, even if there was never any intention by you to touch them at all...ever! It's important to keep in mind here, in particular, that penalties are more serious if you have a previous conviction(s).
Under Michigan law, and similar to Simple Assault, Assault and Battery can cost you up to 93 days in jail, plus costs and fines of up to $500.00, probation, testing, counseling, and potentially much more.
Many times people are arrested and forced to defend against assault and battery charges because of a 5 or 10 second scuffle at the local bar. Experience shows that both parties involved in the altercation are usually charged with Assault and Battery, leaving innocent people to defend against criminal charges and the threat of losing their freedom.
Additionally, the type of touching that constitutes a battery under Michigan Law, could be innocent as a pat or slap on the back , which is why it is absolutely essential to get the right attorney fighting for you, before an Assault and Battery charge is increased to an Aggravated Assault charge, based on simple things that can surface, and that you have no control over.
Historically, we have handled cases where the person we are now representing, had been let go by the police, and told that no charges would be brought against them because it was uncertain who was the guilty party. Other times, the police were never even called. By the time these clients had become aware that they were being charged they had already made critical mistakes - and had involuntarilycreated evidence that the government would eventually try and use to convict them. So, you can certainly see the need to call PRAIN LAW, PLLC. Time is your strongest ally in defending against an Assault & Battery Charge.
An Aggravated Assault (still a misdemeanor charge) is one that ultimately causes an injury, and punishable by up to 1 year in prison. While Michigan law says that the injury must be a "serious or aggravated injury", the description, in itself, is deceptive. Michigan's aggravated assault law is a very harsh law. It is absolutely possible for the government to magnify your simple assault and battery into an aggravated assault charge simply because the victim sought medical treatment, and it does not have to be proven, in court, that the medical treatment was even necessary. In other words - some arbitrary, non-educated, biased decisions made by the person who is accusing you, can suddenly have you facing a year in Prison, $1000.00 in fines alone, probation, counseling (at your expense), as well as loss of quality of life due to a permanent, public record (much worse with a previous conviction).
AND... if you are a man and the accuser a woman... you better believe that the Prosecutor will have a special "Victims Advocate" standing next to her at every court hearing. The reason - to affect and prejudice the Court into seeing you as a criminal before you have had the chance to defend yourself - presuming youguilty until proven innocent!
Fortunately, your accuser's choices aren't the only ones that can effect your freedom and your future. By choosing the right Criminal Defense Attorney you put yourself in the best position to see the prosecutor backing down and wishing their boss would just let them out of the whole thing!
IMPORTANT NOTE: If you are facing Aggravated Assault charges, you MUST contact a Michigan Assault Attorney immediately. This particular charge can easily be magnified into an Assault with Intent to do Great Bodily Harm less than Murder, carrying a maximum penalty 10x greater for first offenders -even if you do not physically touch your accuser at all.
Contacting the office of Brian J. Prain, right away, will allow us to work for you with the greatest amount of impact and legal leverage, and greatly reduce any severe possibilities in your case. Call us at (248) 731-4543.