Being accused of assault—even a “minor” one—can quickly become a serious legal problem. In Michigan, what some refer to as assault in the third degree typically means simple assault or assault and battery. While it’s considered a misdemeanor, the impact on your life can be anything but minor. If you’ve been charged, you’re probably wondering what happens next. What are the penalties? How do prosecutors prove you meant to hurt someone? And most importantly—how can you defend yourself? We’ll walk you through what you need to know and how we can help.
What Is Assault in the Third Degree?
Michigan doesn’t officially use the term “third-degree assault,” but many people use it to describe simple assault or assault and battery charged under MCL 750.81.
Here’s the difference:
- Assault means you attempted or threatened to hurt someone physically.
- Battery means you actually made physical contact, even something as small as a shove or slap.
In both cases, no weapon is involved, and no serious injury has to occur. You don’t need to punch someone to get charged—raising your fists, yelling threats, or getting in someone’s face during an argument may be enough. Intent matters, too. The prosecution has to show that you meant to scare or hurt the other person, not that you just lost your temper or had a misunderstanding.
Penalties and Consequences
Simple assault is a misdemeanor offense, but the consequences can still be severe. A conviction can lead to:
- Up to 93 days in jail
- Fines up to $500
- Probation, counseling, or community service
Beyond these consequences, a misdemeanor stays on your record, which can cause problems long after the case ends. You may struggle to get or keep a job, have difficulty with housing applications, face complications with child custody, or lose your right to carry or own firearms in some cases. In short, a conviction can quietly follow you for years. That’s why it’s worth fighting—even if the charge seems minor on paper.
Proving Intent in Assault Cases
One of the key parts of a simple assault case is proving intent. Prosecutors have to show that you meant to cause harm or fear. That can be tricky, especially if the situation was chaotic, fast-moving, or emotional. Sometimes, a person makes a threatening move without realizing how it looks. Other times, a verbal disagreement is blown out of proportion. And in many cases, both parties were involved, but only one ends up in handcuffs.
Evidence matters here. Police reports, security camera footage, and witness statements can shape the narrative. So can your own words—what you said at the scene may be used to argue what you were thinking at the time. That’s why we dig into every piece of evidence and look for inconsistencies, overstatements, or errors in judgment by law enforcement.
Defenses to Assault in the Third Degree
You may feel like your side of the story doesn’t matter. But it does—and several defenses can be raised in court. Depending on the facts, we may argue:
- Self-defense: You were protecting yourself or someone else from harm.
- Defense of Others: You acted to protect someone else who was in immediate danger.
- Lack of intent: You didn’t mean to scare or hurt anyone.
- False accusation: The other party exaggerated what happened—or made it up.
- Mistaken identity: You were wrongly identified as the person who committed the assault.
- Constitutional violations: Your rights were violated during the arrest or investigation—such as an unlawful search, lack of Miranda warning, or denial of counsel.
We’ll examine what actually happened—not just what the police report says—and build a defense that reflects the truth. A strong strategy can lead to reduced charges, a plea deal, or even dismissal.
Contact Our Experienced Detroit Third Degree Assault Attorneys
If you’re facing a charge of assault in the third degree, you don’t have to go through it alone. At Federal Criminal Attorneys of Michigan, we take these cases seriously. We’ll listen, ask the right questions, and work with you to protect your freedom and future. Call us today to schedule your consultation.
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.