Aggravated Assault Defense Attorney
Michigan’s premier criminal defense firm defending Aggravated Assault charges will aggressively fight for you and will not back down in the face of an aggressive prosecution. We are not afraid to win!
Prosecutors are correct to take aggravated assault cases very seriously because a person has been physically hurt, and it is the prosecutor’s job to advocate on behalf of true victims. However, when there has been, for example, a fight between two people, the police often honestly do not know who is really at fault, and they simply pick one party and incorrectly tag them as the wrong-doer. The police feel someone must be arrested, and usually, the person who got the worst of it is tagged as the victim, regardless of where true guilt lies. In other cases, people make false allegations of assault for various reasons and an innocent person gets charged with an aggravated assault offense.
Different Types of Assaults in Michigan
There are over a dozen different kinds of assaults, ranging from simple assault and battery, all the way up to assault with the intent to commit murder. Technically, an “assault” is when someone puts another in fear of an imminent, offensive, unconsented touching. Assault is usually linked up with the word “battery,” but assault and battery are two different crimes. If you raise a heavy object over someone’s head and the person believes you are about to hit them, that is an assault. If you actually make contact with the person, the offense is also a battery.
What is the definition of aggravated assault?
Aggravated assault (which is actually aggravated battery because it is based upon the extent of injuries) is an offense wherein a person assaults another (usually without a weapon) and inflicts serious or aggravated injury upon that person without intending to commit murder or to inflict great bodily harm less than murder. This misdemeanor conviction carries a penalty of 1 year in jail or a fine of $1,000.00, or both. Prosecutors and police routinely consider even minor injuries to be “serious or aggravated.” Aggravated assault allegations are often exaggerated, and an experienced lawyer can seek a dismissal or reduction in the charges.
Aggravated Domestic Violence
One type of aggravated assault is Aggravated Domestic Violence. This charge comes into play when the assaulter assaults his spouse or former spouse, someone they dated, someone they had a child in common with, or who they resided with at some point. These factors are important because if the assaulter has a prior conviction for aggravated assault, a second or subsequent offense is a felony carries a penalty of 5 years in prison or a $5,000.00 fine or both. A conviction for domestic violence results in a lifetime federal ban on possession or ownership of firearms and ammunition.
Defenses to Aggravated Assault Charges
An astute and highly experienced criminal defense attorney knows that these charges are often wrongfully made. Defenses to these charges can include self-defense, mistaken identity, fraudulent or made-up allegations, actual innocence, and lack of significant injuries.
A less-than-experienced attorney, bargain lawyer, or a civil-law attorney who occasionally dabbles in criminal law will likely not see potential defenses or be willing to raise them in court. Some defense lawyers are not willing to raise arguments they think may “irritate” the prosecutor or the judge and may be more concerned about their relationships with these people than their own clients. The defense attorneys at LEWIS & DICKSTEIN, P.L.L.C. will not deliberately seek to irritate prosecutors; however, we will never back down when we see a violation of your rights. We will leave no stone unturned to obtain a dismissal of all charges if possible, and have the case thrown out of court.
We see defense lawyers manipulate clients into pleading guilty when they have a legitimate defense or are simply not guilty. Do not be sold out by the lowest bidder. Seek out a lawyer who will treat your case seriously and who will do whatever is necessary to protect and defend you. An assault conviction of any type can cause you to lose employment, lose custody or visitation rights with children, interfere with a professional license, and more. There is no room for error, and there are no second chances.
Your Premier Aggravated Assault Defense Attorneys in Michigan
The dedicated, experienced and zealous defense attorneys at LEWIS & DICKSTEIN, P.L.L.C. have successfully represented thousands of clients on felony and misdemeanor charges in Oakland, Macomb, Wayne, Washtenaw, and Livingston Counties and throughout Michigan. We have a well-earned reputation for providing the highest quality defense and aggressive representation while showing empathy and care for each client. Call us today at (248) 263-6800 or complete a Request for Assistance Form and we will contact you promptly.