Will I Go to Jail for Aggravated Assault in Michigan?

Will I Go to Jail for Aggravated Assault? Under Michigan Aggravated Assault Laws...

Unfortunately, the answer is that it CAN, and it does happen...

When you are charged with Aggravated Assault in Michigan, you have been, or will shortly be arraigned. In this Arraignment, the Judge will explain the charges and instruct as to what the possible penalties could be. Even if you are fighting your charges and believe in your innocence, you now find yourself asking the question, "Will I go to jail for Aggravated Assault" ? ... considering this possibility, your primary focus right now HAS to be on your defense... finding the right Michigan Criminal Defense Attorney that is committed to your freedom and your future... one who's career is committed to people with cases just like YOURS! The Michigan Aggravated Assault Law as contained in MCL 750.81, sets the foundation for Michigan Aggravated Assault charges: "Except as otherwise provided in this section, a person who assaults an individual without a weapon and inflicts serious or aggravated injury upon that individual without intending to commit murder, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year, or a fine of not more than $1000.00, or both." As you can see, the Michigan Aggravated Assault law is poorly defined - it doesn't even define what assault or serious aggravated injury, are! The best way for you to fully understand the statute is to look at the Model Criminal Jury Instructions. For almost every crime in Michigan, there is a Standard Jury Instruction published, specific to the crime. The Jury Instruction is designed to take a criminal statute and break it down into each specific element that the Prosecutor must prove beyond a reasonable doubt. It is intended to restate the law in layman's terms so that the average person can understand it. In-fact, if you take your case to trial, this Jury Instruction is the exact version of the law that the Jury would take to the Jury room to decide your fate. The number one factor that distinguishes an Aggravated Assault charge from all other Assault charges, is the requirement of a "serious or aggravated injury". Let's look at the Jury Instruction that a juror would see in in this kind of a trial, in order to better help you understand what qualifies as a "serious or aggravated injury"...

1. "The defendant is charged with the crime of Michigan Aggravated Assault (also called "Assault and Infliction of Serious Injury"). To prove this charge the Prosecutor must prove each of the following elements beyond a reasonable doubt:

2. First, that the defendant tried to physically injure another person,

3. Second, that the defendant intended to injure the Complainant or intended to make the Complainant reasonably fear an immediate battery,

4. Third, that the assault caused a serious or aggravated injury. A serious or aggravated injury is a physical injury that requires immediate medical treatment or that causes disfigurement, impairment of health, or impairment of a part of the body."

Note that this case law holds that the Prosecution does NOT have to introduce the testimony of a medical professional or expert to substantiate the degree or nature of the injury. Here are a few other noteworthy facts:

a. the Prosecution must prove that you actually tried to physically injure another person

b. it is insufficient to convict you, in that you may have simply touched someone without intending to hurt them

c. on the other hand, as long as the Prosecution can introduce evidence of yourintent to hurt the other person, no actual touching is even necessary.

Still confused? There's good reason to be. Michigan Aggravated Assault Law IS confusing. PRAIN LAW, PLLC limits its practice exclusively to Criminal Defense, and within that category, to defending those charged with Michigan Assault Crimes, inclusive. Call our office for a free consultation at (248) 731-4543.
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