Michigan Assault Charges and Laws

Michigan Assault Attorneys

In Michigan, assaultive crimes range from simple assault to assault with intent to commit murder. Simple assault, domestic assault and aggravated assault are examples of misdemeanor cases, which are handled at the District Court level. Felonious assault (assault with a deadly weapon), assault with intent to commit great bodily harm less than murder (Assault GBH), and assault with intent to commit murder are examples of the more serious felony class of assaults.

Any assault involving the use of a firearm is potentially more serious. This is because the prosecutor can add the charge of use of a firearm in the commission of a felony (felony firearm). This charge adds a mandatory additional two-year prison term to any other sentence.

All assault charges are serious. The effect on your life of being convicted of an assault charge can be devastating. Although potential jail and prison sentences can range from 93 days for a simple assault misdemeanor to life in prison for assault with intent to commit murder, there are many other consequences that make any assault a serious charge. Judges routinely give heavy fines, costs, jail time, and probation for convictions of assault. As with other crimes, convictions of assault are generally published in the local newspaper and employers may be reluctant to hire someone with an assault record. Felony convictions, including assaultive crimes, often result in the inability to be bonded. Being bonded is often a requirement of employment and might eliminate you as a potential candidate for some jobs.

Our Approach to Assault Defense

An aggressive defense lawyer is critical. In most assault cases, the prosecution relies heavily on the testimony of witnesses in order to prove its case. Typically, witnesses are agitated, excited, angry or intoxicated. In the hands of a skilled defense attorney, the testimony of such witnesses begins to fall apart. In felony cases, it is very important for the defense to cross-examine all of the potential prosecution witnesses at the preliminary examination.

Many attorneys would have you waive your right to a preliminary examination. If you are asked to do this, DON'T! This preliminary examination (prelim) is often the first opportunity your attorney will have to make significant progress on your case. It should not be waived lightly or without a specific important reason. Once you have waived your right to a prelim, it is generally gone forever.

Self-defense is a powerful tool. In Michigan, the prosecutor must prove that a defendant did not act in self-defense if the defense attorney properly raises this argument. In cases where the client has acted out of fear for their own safety, or the safety of others, it is important to have an attorney who knows how to present a strong argument for self-defense.

Thorough investigation of the case is vital. The attorney or private investigator working for the attorney should attempt to interview all witnesses prior to a preliminary examination or trial. The success of a trial may well depend on the skill and knowledge of the attorney. It is vital that your attorney be well prepared for an assault trial.

You must be part of the team. Kronzek & Cronkright prefers a team approach. All of our cases get the attention of at least two attorneys. However, a successful defense team always involves more than the attorneys. While we work hard to keep our trial skills sharp and our knowledge of the law current, no one knows the facts of your case better than you do. It is important that you are involved in your case and that you work with your attorneys. The best results in your case will come when you have open communication with your attorney and you make informed decisions in the case.

If You are Facing Assault Charges

Let's begin with the understanding that the police are not your friends and they are not there to help you. Promises made by the police are not enforceable. It is legal for the police to lie to you. Miranda warnings may not help you, so if the police are investigating:

• Do not talk. Be polite and courteous, but refuse to discuss their investigation with them. You should plainly and repeatedly tell them that you do not want to discuss anything with them, that you want an attorney present, and that you want to remain silent. Do not allow yourself to be tricked or coerced by the police.
  
  
• Anything you say about the case to anyone, including most family members, can be used against you in court. Many defendants hurt their case by discussing it with family, friends, co-workers, police officers, and prosecutors. If you have made such statements, we will deal with it together. If you have not, DON'T!
  
  
• Never consent to anything without the advice of your attorney. This includes giving the police permission to search, draw blood or discuss the case with you.
  
  
• Never resist arrest. If a police officer is attempting to arrest you, be polite and cooperative. Inform the officer that you will go along peacefully. It is also important to immediately inform the officer - or any officer who tries to question you - that you will not talk without an attorney present.
  
  
• The only information you should provide without consulting an attorney is necessary biographical information; this includes your full legal name and address. If the police want to fingerprint you after arrest, cooperate fully.
  
  
• Inform the officers that you wish to make a telephone call. Get an attorney quickly. If you call family or friends have them contact an attorney. Our criminal defense team is on call at all times of the day and night.
  You can reach us at 1-866-766-5245.
  
  
• Post bond as quickly as possible. If you are arraigned and asked how you plead, your response should be, "I stand mute." At the arraignment, do not try to talk to the judge about your case.
  
  
• Finally, meet with your attorney as soon as possible. When you meet with an attorney from our criminal defense team, be completely honest with your version of events. Tell us about any past criminal record or witness that might help or hurt your case. Remember that you are the most important part of your defense team.

Contact us about your legal matter today! Call us at 1-866-766-5245.