Dedicated to Defending Assaultive Crimes Countless Cases Won Based on Our Refusal to Lose

Assault (Simple Assault)

Michigan Criminal Defense Lawyer Advocating on Your Behalf

The word “assault” is one of the most misunderstood and misused words. 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 up to 93 days in jail, a $500.00 file, probation, and a damaged future for something as simple and innocent as trying to give someone a kiss.

Under Michigan law, an assault conviction DOES NOT require that you actually touch anyone. In fact, you could even be convicted of misdemeanor assault just because the other person mistakenly thought you were trying to touch them, even if you never actually intended to touch anyone at all. Be mindful, the penalties are much more serious if you have previous convictions.

Don’t make the mistake of not calling The Law Office of Brian J. Prain, PLLC the moment that you are accused. We can help guide your decisions in those first, critical moments after you become aware that you are facing an assault charge. Then, we will be in a much stronger position when we go to Court to get the truth out.

The Michigan Assault (“Simple Assault”) Law: MCL 750.81(1)

What is Assault in Michigan? How is it Defined?

When clients call Prain Law, PLLC, they often want to know: “What is Assault?” A Michigan Misdemeanor Assault charge (also referred to as “Simple Assault”) is brought when someone allegedly does one of two different things, either:

a) an unsuccessful attempt to commit a battery (i.e. a swing and a miss); or

b) any act that would cause a reasonable person to fear or apprehend an immediate battery (i.e. a fake slap to make someone flinch, but without actually touching them).

A battery is a “forceful, violent, or offensive touching.” Like a battery, Assault in Michigan has to be intentional (not accidental), unlike battery, but there does not have to be any actual touching for someone to be guilty of Assault.

What is the Sentence for Assault in Michigan? Will I go to Jail for Assault in Michigan?

A person who gets a Misdemeanor Assault conviction in Michigan is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

Therefore, you can go to Jail for Assault in Michigan for up to 93 days. Whether or not you will actually do Jail time depends on the severity of the allegations against you, your criminal history, your defenses, and the effectiveness of your lawyer.

Many people convicted of Simple Assault, first offense in Michigan do not receive Jail. Instead, it is more common to receive a Sentence of Probation, ranging from 6-18 months (24 months is the maximum). Common terms of Simple Assault Probation include monthly reporting, community service, and one or more forms of anger management counseling or classes.

At Prain Law, PLLC, we have NEVER had a client go to Jail for Misdemeanor Assault, and we don’t intend to let you be our first.

How does this information apply to my situation?

The word “Assault” is one of the most misunderstood and misused words in common language vs. the Assault laws in Michigan. Although the word “Assault” conjures images of a brutal beating, the harsh reality is that a conviction under the Michigan Assault law is so broad that you could face up to 93 days in jail, a $500.00 file, probation, and a damaged future for something as simple and innocent as trying to give someone a kiss.

Under Michigan law, an assault conviction DOES NOT require you actually touch anyone. In fact, you could even be convicted of misdemeanor assault just because the other person mistakenly thought you were trying to touch them, even if you never actually intended to touch anyone at all. Be mindful, the penalties are much more serious if you have previous convictions.

Contact Our Trusted Michigan Criminal Defense Attorney Today

If you are facing charges of simple assault, it is important you don’t make the mistake of not calling our impressive legal team at Prain Law, PLLC the moment you are accused. Our highly-respected Michigan criminal defense lawyer can help guide your decisions in those first, critical moments after you become aware you are facing an assault charge. Then, we will be in a much stronger position when we go to court to get the truth.​​​​​​


If you are interested in speaking to a member of our firm, call (248) 731-4543 at your earliest convenience.​​


Other helpful links to our articles on Simple Assault under Michigan law, Self-Defense, Sentencing, and more:

Can I claim Self-Defense to a charge of Simple Assault in Michigan?

What is the Sentencing process if I plead to Simple Assault in Michigan?

I am charged with Assault in Michigan, do I need to Testify in my Defense? Am I allowed to just remain silent?

Hear from Our Clients

  • “Simply put, Brian is savvy lawyer and a forthright, amazing person.”

    Laura

  • “I knew right away this was my best chance to get the best possible result out of my horrible situation.”

    James P.

  • “If you look for a criminal defense lawyer to get the best possible outcome regarding your specific situation, then contact Brian, I really recommend him in that regard.”

    Reza

  • “I highly recommend Brian Prain.”

    Robert

  • “If you're looking for the best Criminal Law Attorney, Attorney Prain is the one.”

    Rachel

  • “His attention to detail and willingness to go against people who are "respected" by most of the general public speaks volumes.”

    Former Client

  • “This guy genuinely cares about what he does and works his fanny off to do the best job possible.”

    Robert

  • “He is reasonably priced and always on top of everything, and if he doesn't know something, he finds ALL of it out! I”

    Former Client

  • “Brian is simply the most dedicated lawyer one can find.”

    Steve C.

  • “He was honest in his advice and evaluation - he was genuine in his concern and his efforts to bring justice were incredible.”

    P.

  • “It was very fortunate a good friend of mine recommended Brian to me when I was in serious need of a very good attorney.”

    Danny

  • “His knowledge was enlightening as he explained our options.”

    Hillary

  • “His knowledge in this area was outstanding and allowed him to quickly advise and setup needed documentation!”

    Paul

  • “He managed to bring my case from a negative to a positive by digging deep to find justice!”

    Cody

  • “He was very accessible and always returned my call within 24 hours unless it was an absolute emergency, then he called back almost right away.”

    Former Client

Our News

  • Criminal Sexual Conduct Lawyer Brian J. Prain Named in DBusiness Top Lawyers, 2019
    Criminal Sexual Conduct Lawyer Brian J. Prain Named in DBusiness Top Lawyers, 2019 read more
  • Criminal Sexual Conduct Fourth Degree - Another NOT GUILTY for Brian J. Prain
    Criminal Sexual Conduct Fourth Degree - Another NOT GUILTY for Brian J. Prain read more
  • Criminal Sexual Conduct - Choosing a Lawyer to Defend You
    Criminal Sexual Conduct - Choosing a Lawyer to Defend You read more
  • Criminal Sexual Conduct - What is the Probable Cause Conference?
    Criminal Sexual Conduct - What is the Probable Cause Conference? read more
  • Criminal Sexual Conduct & Immigration - Will I Lose My Green Card?
    Criminal Sexual Conduct & Immigration - Will I Lose My Green Card? read more
  • Criminal Sexual Conduct in Michigan - What Will My Bond Be?
    Criminal Sexual Conduct in Michigan - What Will My Bond Be? read more
  • Criminal Sexual Conduct Court Process in Michigan
    Criminal Sexual Conduct Court Process in Michigan read more
  • Assault with a Deadly Weapon - Felonious Assault
    Assault with a Deadly Weapon - Felonious Assault read more
  • Assault and Battery: Who is Victim in Mutual Fight?
    Assault and Battery: Who is Victim in Mutual Fight? read more