Assault vs. Aggravated Assault in Michigan Law: Key Differences Explained

Understanding the key differences between assault and aggravated assault in Michigan can help you navigate the legal consequences, should you or someone you know find themselves facing such charges. Assault, in general, is an intentional threat or attempt to cause harm to another person, combined with the ability to carry out that threat. But when you hear the term “aggravated” added into the mix, it’s a whole different level of severity. Let’s break it down.

What is Assault in Michigan?

Most people have heard the term “assault,” but legally speaking, it’s more than just throwing punches. In Michigan, a simple assault charge means the accused had intent to cause physical harm or feared that harm would occur. Interestingly, no actual physical injury is required to be convicted of assault. All the prosecutor must show is that the accused person attempted to strike the other person or made threats that led the victim to reasonably fear immediate harm. Simple assault charges carry up to 93 days in jail and a fine of $500.

Here’s an overview of some key aspects of an “assault” offense:

• There’s an intent to cause physical harm, regardless of whether the person was actually harmed.
• No weapon necessarily needs to be involved in a basic assault case.
• A person’s words may amount to an assault if the victim reasonably believes they are in immediate danger.

While simple assault charges are still serious, aggravated assault is a significant step up in terms of the severity of penalties. So, what’s the difference?

Aggravated Assault: What’s Different?

Aggravated assault in Michigan law occurs when one person causes serious injury to another without a weapon. Essentially, it’s an assault case where the injury is much more severe than in a simple assault. The courts define a “serious injury” as harm that requires immediate medical attention or results in disfigurement, loss of a body part, or serious health impairment. Aggravated assault does not involve a weapon, which would be classified under different charges like felony assault or assault with a deadly weapon.

Michigan courts take aggravated assault very seriously and penalties reflect the significant nature of this crime:

• A conviction can result in up to one year in jail, four times more than the penalty for simple assault.
• Fines can reach up to $1,000 plus restitution to the victim, a lot higher than the fines associated with simple assault.
• The injury must be serious enough to require immediate medical treatment or result in some form of disfigurement or impairment.

Prosecutors must prove a few additional elements to secure a conviction for aggravated assault. Specifically, they would have to demonstrate:

• An attempt by the defendant to physically harm the victim.
• The defendant’s intention to cause serious physical injury.
• The assault resulted in significant injury, as defined by the law.

If any of these key factors aren't proven beyond a reasonable doubt, the aggravated assault charge cannot stand, and the case may result in a lesser charge, such as a simple assault or even dismissal of the case under certain circumstances.

Defenses to Assault & Aggravated Assault

Even if you or someone you know is facing assault or aggravated assault charges, there are legal defenses that could result in reduced charges, or even a complete dismissal of the case. Common defenses include self-defense, defense of others, or accident. In Michigan, it is the responsibility of the prosecution to prove beyond a reasonable doubt that none of these defenses apply.

It’s important to remember that in criminal cases, the burden of proof rests on the prosecutor to prove all the elements of the crime. That means if even one of the elements is not proven or there’s a valid defense, you will be found not guilty. Legal representation is crucial in these cases to ensure every angle is covered and possible defenses are properly raised.

Contact an Experienced Defense Attorney

Assault and aggravated assault charges can have serious repercussions, including jail time, fines, and lasting damage to your record. However, all hope isn't lost. A skilled attorney understands the specifics of Michigan law and can build a strong defense to fight the charges against you.

If you are facing assault or aggravated assault charges, don’t wait—contact an experienced Michigan criminal defense attorney. Don’t underestimate how serious these charges can be. Call (734) 453-7806 for a free consultation and see how Boria Law can help you get the best possible outcome in your case. Whether it's a dismissal, not guilty verdict, or a reduction in charges, the right attorney on your side makes all the difference.