Michigan Assault Defense Attorneys

 

Passionate, Effective and Fearless Lawyers Defending Assault Charges

 

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Loren Dickstein and Randy Lewis have successfully handled countless assault cases with charges ranging from simple assault (misdemeanor) to Assault with Intent to Murder (felony) and everything in between. These cases are generally prosecuted by state prosecutors including, but not limited to: Oakland County, Wayne County, Macomb County, Washtenaw County and Livingston County. Each county in Michigan handles these cases in different ways and a great criminal defense lawyer is able to adjust his practice to get the client the best possible result in any jurisdiction the case is being prosecuted in.
Most assault cases do not go to trial but in some cases there is no other alternative but to have a bench or jury trial. The proven defense attorneys with LEWIS & DICKSTEIN, P.L.L.C. have a representation for being aggressive, zealous and resourceful trial lawyers. The benefit to having reputations for being “trial lawyers”, is that we bring a credible threat of a trial and an acquittal. Because we are a threat to the prosecution, we are often able to get results for clients that other lawyers are unable to obtain.

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Assault Crimes Defense Attorneys

There are several assaultive charges in Michigan. Here are a few examples to help you understand the potential assault charges and the elements of each offense:

Assault and Battery

Misdemeanor with Maximum Possible Sentence of 93 Days in Jail – The elements of assault and battery include a forceful, violent or offensive touching of a person or something closely connected with another person. The touching must have been against the other person’s will. It does not matter whether the touching caused an injury. The defendant must have intended either to commit a battery (offensive touching) upon the person or make that person reasonably fear an immediate battery.

Assault

Misdemeanor with Maximum Possible Sentence of 93 Days in Jail – The defendant must have either attempted to commit a battery or did an act that would cause a reasonable person to fear or apprehend an immediate battery. A battery is a forceful, violent, or offensive touching of the person or something closely connected with the person of another. The defendant must have intended either to commit a battery or to make the person reasonably fear an immediate battery. Finally, the defendant must have had the ability to commit a battery, appeared to have the ability, or thought he had the ability.

Assault and Infliction of Serious Injury (Aggravated Assault)

Misdemeanor with Maximum Possible Sentence of 1 year in Jail – This is the same crime as assault or assault and battery with the additional requirement that the prosecution must prove beyond a reasonable doubt that the assault caused a serious or aggravated injury. A serious or aggravated injury is defined by Michigan law as a physical injury that requires immediate medical treatment or that causes disfigurement, impairment of health, or impairment of a part of the body.

Assault with Intent to Murder

Felony with Maximum Possible Sentence of Life in Prison – The defendant must have tried to physically assault another person. When the defendant assaulted the other person, he must have had the ability to cause an injury or believed he had the ability to cause an injury. Finally, the defendant must have intended to kill the person.

Assault with Intent to Commit Great Bodily Harm (Less Than Murder) (Also known as Assault GBH)

Felony with a Maximum Possible Sentence of 10 Years in Prison – This offense has the same requirements of assault or assault and battery with a couple additional requirements. At the time of the assault, the defendant had the ability to cause an injury or at least believed that he had the ability and the defendant must have intended to cause great bodily harm. Actual injury is not necessary, but if there was an injury, you may consider it as evidence in deciding whether the defendant intended to cause great bodily harm. Great bodily harm means any physical injury that could seriously harm the health or function of the body.

Assault with Intent to Commit a Felony

Felony with Maximum Possible Sentence of 10 years in Prison – To prove this charge, the prosecutor must prove that the defendant either attempted to commit a battery or did an act that would cause a reasonable person to fear or apprehend an immediate battery. A battery is a forceful or violent touching of the person or something closely connected with the person. The defendant must have intended either to injure the complainant or intended to make the complainant reasonably fear an immediate battery. The defendant must have had the ability to commit a battery, appeared to have the ability, or thought he had the ability. When the defendant assaulted the complainant, he must have intended to commit another felony . It does not matter whether the other felony was actually committed.

Assault with a Dangerous Weapon

Felony with Maximum Possible Sentence of up to 4 years in the Michigan Department of Corrections. A Defendant may be guilty of this offense if he either attempted to commit a battery or did an act that would cause a reasonable person to fear or apprehend an immediate battery. A battery is a forceful or violent touching of the person or something closely connected with the person. The defendant must have intended either to cause an injury or to make the complainant reasonably fear an immediate battery. At the time of the assault, the defendant must have had the ability to commit a battery, appeared to have the ability, or thought he had the ability. Finally, the assault must have been committed with a dangerous weapon.
A dangerous weapon is any object that is used in a way that is likely to cause serious physical injury or death. Some objects, such as guns or bombs, are dangerous because they are specifically designed to be dangerous. Other objects are designed for peaceful purposes but may be used as dangerous weapons. The way an object is used or intended to be used in an assault determines whether or not it is a dangerous weapon. If an object is used in a way that is likely to cause serious physical injury or death, it is a dangerous weapon.

Other Offenses that are Included as Assaultive Offenses Include:

  • Domestic Violence
  • Aggravated Domestic Violence
  • Child Abuse First Degree
  • Child Abuse Second Degree
  • Child Abuse Third Degree
  • Criminal Sexual Conduct First Degree
  • Criminal Sexual Conduct Second Degree
  • Criminal Sexual Conduct Third Degree
  • Criminal Sexual Conduct Forth Degree
  • Vulnerable Adult Abuse (Elderly Abuse)
  • Ethnic Intimidation
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Experienced Assault Crimes Defense

If you are charged with or being accused of an assaultive, do not hesitate to call LEWIS & DICKSTEIN, P.L.L.C. for a free consultation. We will take the time to carefully listen to your situation, meticulously analyze the situation to determine the best options, and develop a plan to help you with the situation. We are not afraid of the prosecutor and we are not afraid to do whatever is necessary to help attain the best possible outcome for you. Call (248) 263-6800 for help or complete a Request for Assistance Form and an Experienced Michigan Assault Defense Attorney will promptly contact you.
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