Aggravated assault is a serious criminal charge that carries significant penalties, including jail time, steep fines, and a permanent criminal record. Unlike simple assault, aggravated assault involves serious bodily injury or the use of a deadly weapon. Michigan law sets strict penalties for these offenses, and depending on the circumstances, some assault cases may even be prosecuted at the federal level.
If you are facing an aggravated assault charge, you need strong legal representation. Prosecutors aggressively pursue these cases, and a conviction could have life-changing consequences. At Federal Criminal Attorneys of Michigan, we know how to challenge the prosecution’s case, question witness statements, and build a defense that protects your rights. Whether your case is being handled in state or federal court, we are ready to fight for you.
Aggravated Assault Under Michigan Law
Michigan law recognizes two main types of aggravated assault: aggravated assault without a weapon and assault with a deadly weapon (also known as felonious assault). The severity of the charges depends on whether a weapon was used and the extent of the injuries suffered by the alleged victim.
Under MCL 750.81a, aggravated assault without a weapon occurs when someone causes serious physical injury to another person but does not use a weapon. This is considered a misdemeanor, punishable by:
- Up to one year in jail
- Fines up to $1,000
- Possible probation and restitution to the victim
Under MCL 750.82, felony assault involves an attack with a dangerous weapon, such as a knife, gun, baseball bat, or another object capable of causing serious harm. A conviction can result in:
- Up to four years in prison
- Fines up to $2,000
- Additional penalties if a firearm was involved
Several factors can increase the severity of the charges, including prior convictions, the identity of the victim (such as a police officer), and whether the assault occurred in a school or government building.
When Assault Becomes a Federal Crime
Most assault cases are handled by Michigan state courts, but some situations can lead to federal charges. Assault-related offenses fall under federal jurisdiction when they involve:
- Federal property – If the assault occurred in a federal building, national park, military base, or other federally owned land, it can be prosecuted in federal court.
- Federal employees or law enforcement officers – Assaulting a federal agent, postal worker, TSA officer, or other government employee is a federal offense.
- Interstate travel or transportation – If the assault took place on an airplane, train, bus, or across state lines, it could be considered a federal crime.
Federal penalties for assault vary depending on the circumstances. For example, under 18 U.S.C. § 111, assaulting a federal officer can result in up to 20 years in prison if the attack involved a deadly weapon or resulted in serious injuries. Assault on federal property can carry similar penalties, depending on the severity of the incident.
If you are facing federal assault charges, you need an experienced federal criminal attorney who understands how to fight these charges effectively.
Defenses Against Aggravated Assault Charges
An aggravated assault charge does not automatically result in a conviction. Several defenses can challenge the prosecution’s case, such as:
- Self-defense – If you were protecting yourself or another person from harm, you may have a legal justification for your actions.
- Lack of intent – If there was no intent to cause serious injury, prosecutors may struggle to prove an aggravated assault occurred.
- False accusations – In some cases, the alleged victim may have fabricated or exaggerated the claims.
- Insufficient evidence – If the prosecution lacks solid evidence, such as medical records or credible witness testimony, the case may not stand up in court.
You can depend on our experienced defense attorneys to choose the best line of defense and protect your rights and freedom.
How Our Firm Can Help
At Federal Criminal Attorneys of Michigan, we understand that an aggravated assault charge can have a lasting impact on your life. A conviction can lead to prison time, costly fines, and a criminal record that affects future opportunities. That’s why we take a proactive and aggressive approach to defending our clients. We carefully examine every aspect of the case, challenge the prosecution’s evidence, and work to weaken their arguments against you.
We have extensive experience handling both Michigan state and federal assault cases, giving us the insight needed to craft an effective defense. Whether you are facing allegations of assault with a deadly weapon or accusations involving federal charges, we are prepared to advocate for you in court. You can rely on us to protect your rights and seek the best possible outcome, whether through dismissal, reduced charges, or a favorable plea deal.
Contact Us Today To Discuss Your Aggravated Assault Charge
Aggravated assault charges carry serious penalties, but you don’t have to face them alone. A strong legal defense can make all the difference in your case. Call Federal Criminal Attorneys of Michigan today to learn how we can protect your rights.
Federal Criminal Attorneys of Michigan, based in Detroit, also assists clients with criminal defense in Lansing, Grand Rapids, Ann Arbor, Flint, and all of Michigan.