The Legality of Physical Altercations in Michigan

In Michigan, physical altercations—regardless of how minor—are generally treated as criminal acts. The moment hands are laid on someone else, especially in public, you may find yourself facing assault charges.

Michigan defines assault and battery as follows:

• Assault: An attempt to cause physical harm or an act that causes someone to reasonably fear immediate harm.
• Battery: The actual offensive or harmful touching of another person without their consent.

If you're at a festival and an argument escalates into shoving or punches, even if no one is seriously hurt, this could be classified as misdemeanor assault or assault and battery. If injuries are more serious, you could be facing a felony assault charge such as aggravated assault or assault with intent to do great bodily harm less than murder.

The Role of Self-Defense

One of the most common defenses to assault charges is self-defense. Under Michigan law, individuals have the right to protect themselves from physical harm—but this right has its limits.

For a successful self-defense claim, you must show:

• You were not the aggressor.
• You believed that you were in immediate danger of bodily harm.
• Your response was proportionate to the threat.

If you’re defending a friend or partner during a festival incident, the law extends to the defense of others as well. However, stepping into a chaotic situation can be risky and may backfire if law enforcement can't determine who was defending and who was instigating.

What Happens When the Police Get Involved

Summer festivals often have a visible police presence to keep the peace. If a fight breaks out at an event, expect officers to respond quickly. Depending on the scene, officers may handcuff everyone involved—even if it’s just to sort out who was responsible.

If you're charged with assault or a related offense, the police will write up a report and forward it to the local prosecutor’s office for review. You may be arrested on the spot, or you could be contacted later and asked to turn yourself in.

Charges that could result from a festival altercation include:

• Disorderly conduct – a misdemeanor charge for causing a public disturbance.
• Simple assault and battery – a 93-day misdemeanor with a maximum fine of $500.
• Aggravated assault – a 1-year misdemeanor if injuries are serious but not permanent.
• Assault with a dangerous weapon (felonious assault) – a felony punishable by up to 4 years in prison.
• Resisting or obstructing a police officer – a felony charge that can carry up to 2 years in prison and a fine of $2,000.

Intent, Injury Severity, and Charges

The extent of the injuries and your intent matter significantly in determining which charges, if any, apply. A light shove or slap might be considered simple assault, while broken bones or use of objects could elevate the matter to felony status.

Prosecutors will evaluate the evidence, such as witness statements, videos from festival security, or bodycam footage from law enforcement, to assess whether a crime occurred and what level of charge to pursue. If alcohol is involved, prosecutors may view the situation as more volatile, even if actions were taken in a moment of poor judgment.

Also note that conflicting stories or lack of witness clarity can easily result in both parties being charged. In Michigan, being "less guilty" than someone else isn’t a defense; if your conduct meets the threshold of criminal behavior, the law can still come down on you hard.

Charged But Not Convicted—What Happens Next?

Being charged doesn’t mean you're guilty. You are presumed innocent unless proven otherwise. Once charged, your case typically moves through the following steps:

1. Arraignment: A judge tells you the charges and possible penalties. You’ll enter a plea—usually “not guilty” at this stage.
2. Pretrial conference: This is where your attorney and the prosecutor see if a resolution can be reached without trial. That could mean outright dismissal, careful negotiation for lesser charges, or a deferment program.
3. Motions and hearings: Your lawyer might challenge part of the evidence, such as if witnesses can’t be located or your actions were taken in self-defense.
4. Trial: If your case doesn’t resolve in pretrial, a judge or jury decides your guilt.

This legal journey can feel overwhelming—which is why having an experienced criminal defense lawyer on your side is essential. Your attorney can ensure your side of the story is heard, explore viable defenses, and protect your rights from the very beginning.

Real Life Example: A Festival Fight Gone Too Far

We recently represented a client who got into a shouting match with another attendee at a street music festival just outside of Ann Arbor. Both had been drinking, and a push turned into a brief brawl. Our client didn't start the fight, but by the time police arrived, everyone involved had scuffle marks and conflicting stories. He was charged with aggravated assault and resisting arrest after failing to follow commands while trying to explain his side.

We were able to show that the complainant had instigated the attack and had a history of public outbursts. We filed a motion to suppress statements our client made without a proper Miranda warning. Ultimately, the prosecutor agreed to dismiss the resisting charge and reduce the assault to disorderly conduct—just a civil infraction. No jail, no probation, no criminal record.

That’s the power of having the right legal team in your corner.

Festival Arrests and the 35th District Court

If you’re arrested at festivals in cities like Plymouth, Northville, or Canton, your case will most likely be heard in the 35th District Court located in Plymouth, Michigan. This court handles misdemeanors, initial felony proceedings, and traffic offenses.

Here’s what to expect in court:

• Local Judges: The court’s judges vary in their handling of assault cases. Judge Michael Gerou, for example, places emphasis on rehabilitation where appropriate, while Judge Plakas may focus more strictly on law and order principles. Knowing your judge is key to preparing the right strategy.
• Pretrial Diversion: First-time offenders may qualify for a diversion program or delayed sentence that keeps a conviction off their record.

How to Protect Yourself at a Public Event

We get it—festivals can be intense. But here are a few tips that can help you stay safe and keep criminal charges at bay:

• Know when to walk away. If someone tries to start trouble, it's usually best not to engage. Pride isn't worth a criminal record.
• Watch your consumption. Alcohol lowers inhibition, and bad decisions follow fast. Pay attention to your limits.
• Plan your exit. If things are getting heated, leave the area or venue if possible—especially if police are approaching.

Even if you think you were in the right, leave the scene calmly and explain later with the help of a lawyer. Arguing with police in the moment only makes things worse.

When to Contact a Lawyer

If you're facing any kind of assault charge or public disturbance crime from a summer event, don't wait to get legal help. Even a misdemeanor can mean probation, jail time, fines, and a permanent criminal record that affects your job and reputation.

If you've been charged in Wayne, Washtenaw, or Oakland County, we can help. Criminal defense attorney Aaron J. Boria has handled countless assault and resisting arrest cases throughout southeast Michigan. Clients benefit from our extensive courtroom experience, aggressive representation, and compassionate support throughout the process.

Call our office today at (734) 453-7806 for a free consultation.

Final Thoughts

Fights at summer festivals might start as minor arguments, but they can quickly spiral into serious criminal matters. In Michigan, law enforcement will not ignore public physical altercations—and prosecutors won’t hesitate to file charges if the elements of assault are met.

If you're ever caught up in a dispute at a public event, remember: walk away when you can, know your rights, and if things escalate, get a skilled attorney to protect your interests. Not every bad night has to mean a bad outcome—but it starts with choosing the right defense.