Grand Rapids Assault Defense Attorneys
We are Grand Rapids Assault Defense Attorneys. Our attorneys have experience defending assault charges in state courts throughout Michigan.
In Michigan, simple assault (or Assault & Battery) is the most basic form of assault. Simple assault is a misdemeanor that can be charged when someone attempts to commit a battery or put someone in a reasonable apprehension of receiving an imminent battery. A battery is intentional harmful or offensive contact. Simple assault can encompass a wide range of actions, from the raising of a fist in an argument to an unwelcome kiss on the cheek. The maximum penalty for the first offense of a simple assault is up to 93 days in jail, a fine of up to $500.00, or both.
If the victim of the simple assault is a spouse or former spouse, resident or former resident of the same household, or is someone with whom a person has or has had a dating relationship, then it may be charged as domestic violence.
There is no contact requirement
In day to day life, the word “assault” usually goes hand in hand with the word “battery,” and the two are used synonymously to mean violence. In the law, an assault and a battery, while often occurring together, are separate offenses. If a person attempts to make contact with someone and fails, or makes someone believe that they are about to make contact with them, then that person has committed an assault even without touching that other person. The fact that a person did not actually make contact with someone does not mean that they can not be legally convicted of an assault. However, we find that many jurors want to see evidence of actual contact before they’re willing to convict someone.
Alternatives to Jail
The court has some flexibility when sentencing someone for a simple assault. A person convicted of a simple assault may be eligible for a conditional sentence, a deferred sentence, or probation, often in addition to paying a fine. These alternative sentences can be very beneficial. For example, a person who successfully completes a deferred sentence may have the case dismissed, meaning there will not be a criminal conviction on their record. Make sure to speak with an attorney about the availability of these alternatives.
Defending a simple assault charge
If you are accused of simple assault, politely refuse to speak to the police about it. No matter what happened or what you tell the police, they can not help you. You may really want to get your side of the story out, or you may feel that if you could only explain what happened they might not arrest you, but it won’t change anything. Their goal is to gather evidence to help convict you, and anything you say can only hurt you.
Contact Grand Rapids Assault Defense Attorneys
The most important thing that you can do when charged with simple assault is to speak with an attorney. If you have been accused of simple assault, call us to discuss your options. 616-773-2945 .