In Michigan, a person who assaults an individual without a weapon and inflicts serious or aggravated injury, without intending to commit murder or to inflict great bodily harm less than murder, can be charged with a misdemeanor offense called Aggravated Assault. Aggravated Assault is a misdemeanor offense that carries a maximum possible sentence of 1 year in jail and/or a possible fine of up to $1,000. A serious or aggravated injury is defined as a physical injury that requires immediate medical treatment or that causes disfigurement, impairment of health, or impairment of a part of the body.
The offense becomes a 2 year maximum felony (Aggravated Domestic Violence) if all of the following occur:
First, the instant charge is Aggravated Assault;
Second, the complaining witness of the Aggravated Assault is the spouse, former spouse, individual with whom the Defendant had a dating relationship, a child in common, or resides or formerly resided in the same household. A dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or ordinary fraternization between 2 individuals in a business or social context.
Third, the Defendant has a prior conviction at the time of the allegation for assaulting or assaulting and battering a spouse, former spouse, individual with whom the Defendant had a dating relationship, a child in common, or resides or formerly resided in the same household;
Lessor included offenses of Aggravated Assault and Aggravated Domestic Violence are Assault and Battery and Domestic Violence. When an Assault and Battery involves a spouse, former spouse, individual with whom the Defendant had a dating relationship, a child in common, or resides or formerly resided in the same household the offense is classified as Domestic Violence. Assault and Battery and Domestic Violence are both misdemeanor offenses which carry a maximum possible punishment of 93 days in jail and/or a fine of up to $500.
An individual accused of Aggravated Assault, Aggravated Domestic Violence, Assault and Battery, or Domestic Violence should hire an experienced criminal defense attorney immediately. The consequences of such a conviction can effect an individual’s freedom, reputation, employment, right to bear arms, and relationship with his or her family.
An experienced criminal defense lawyer can help you try to obtain the right result by:
1) giving proper advice;
2) helping relieve the stress and pressure of the difficult situation by answering questions, and developing the best strategy for the circumstances;
3) addressing the police, Prosecutors, and Courts in an effective manner;
4) obtaining a fair bail or bond amount;
5) fighting to amend the conditions of bail or bond when required;
6) obtaining the necessary evidence to defend or mitigate the case;
7) developing the testimony at preliminary examination (felony cases only);
8) filing and arguing any necessary motions before the Court;
9) contesting the prosecutor’s case at trial, or by negotiating a fair resolution – depending upon the facts of the case. A fair resolution may (depending on the circumstances of the case) include ways to attempt to expunge or set aside the conviction
10) addressing concerns regarding child custody/parenting time, employment consequences, and immigration issues which may be affected by an assault related charge and/or conviction.
11) having someone that cares about the result, who is working to obtain the best result possible under the particular facts of the allegation;
Daniel Hilf, Esq. of the law firm of Hilf & Hilf, PLC, is a lawyer who is driven by a commitment to his clients. His legal career is distinguished by an ability to think on his feet, to analyze issues in both conventional and unconventional ways, and to react effectively against the challenges presented by Prosecutors and Courts.
Hiring the right criminal defense lawyer may be one of the most important decisions you make for yourself and your family. There are many lawyers who claim to do more than what they are able – just as there are many surgeons in the world that are no better than butchers. Do not settle for a legal hack job. Practicing law is a skill that develops over time with experience, commitment, dedication, and God given talent. There are no amateur attorneys at Hilf & Hilf, PLC – only professionals that are guided by the humanity in the individuals we serve, and the drive not to settle for what is easy over what is right.