Assault Defense

Assault & Battery

Michigan assault cases often come down to conflicting accounts of the same few minutes. We examine who started the confrontation, test witness credibility, and develop the record on self-defense, consent, or absence of intent under MCL 750.81 through MCL 750.84.

Request a Confidential Consultation (734) 887-6200

40+ Years Defending Michigan|Available 24/7|★★★★★ 5.0 Google Rating

Understanding the Charge

How Michigan charges assault and battery.

Michigan distinguishes assault — placing someone in reasonable apprehension of an immediate battery — from battery, which is the actual forceful contact. Both are charged under MCL 750.81, and both carry the same maximum: 93 days and a $500 fine. They are not tiered offenses. What raises the exposure is a dangerous weapon, the degree of injury, the defendant's intent, or the identity of the complainant. Assaults on police officers, emergency responders, and certain health-care workers are charged under separate statutes with their own penalties.

The prosecution must prove the defendant acted intentionally. If contact was accidental, if the force used was lawful self-defense, or if the complainant consented or was the aggressor, those facts are the defense. We begin by requesting surveillance footage, phone records, and witness statements while that material is still retrievable.

Charges We Defend

—Simple assault / assault and battery (MCL 750.81)
—Aggravated assault (MCL 750.81a)
—Felonious assault — assault with a dangerous weapon (MCL 750.82)
—Assault with intent to do great bodily harm (MCL 750.84(1)(a))
—Assault by strangulation or suffocation (MCL 750.84(1)(b))
—Assault with intent to murder (MCL 750.83)
—Assault on a peace officer
—Assault in a road-rage context

Penalties and Consequences

01Up to 4 years and a $2,000 fine for felonious assault (MCL 750.82)
02Up to 10 years and a $5,000 fine for assault with intent to do great bodily harm (MCL 750.84)
03No-contact conditions during the case and on probation
04Firearm restrictions after a felony or a qualifying domestic assault conviction
05Counseling or anger-management as a condition of probation
06Employment and licensing consequences

Michigan Penalty Tiers

What the statute allows.

Offense	Maximum Penalty
Simple assault / assault and battery — MCL 750.81(1)	Misdemeanor; up to 93 days and a $500 fine
Aggravated assault — serious injury, no weapon — MCL 750.81a(1)	Misdemeanor; up to 1 year and a $1,000 fine
Felonious assault — dangerous weapon — MCL 750.82	Felony; up to 4 years and a $2,000 fine
Assault with intent to do great bodily harm — MCL 750.84(1)(a)	Felony; up to 10 years and a $5,000 fine
Assault by strangulation or suffocation — MCL 750.84(1)(b)	Felony; up to 10 years and a $5,000 fine
Assault with intent to murder — MCL 750.83	Felony; life or any term of years

Each figure above is a statutory maximum, not a required sentence. None of these offenses carries a mandatory minimum jail term. Penalties vary with the injury, the weapon involved, and the identity of the complainant. This table is a general summary, not legal advice about a particular case.

Defense Approach

How an assault charge is examined.

Self-Defense and Defense of Others

Michigan's Self-Defense Act, MCL 780.972, permits the use of reasonable force to protect yourself or another without a general duty to retreat. We establish who the initial aggressor was, whether the threat was imminent, and whether the response was proportional to the danger as it reasonably appeared.

Evidence and Witness Credibility

Accounts of a fast-moving altercation are frequently inconsistent. We subpoena surveillance footage, compare prior statements against trial testimony, and examine whether a complainant has a bias, an exaggeration, or a motive to shade the account.

Intent

Assault under MCL 750.81 requires intentional conduct. Where contact was accidental, where the required mental state is absent, or where an innocent movement was read as threatening, the element the prosecution must prove is not there.

Injury and Causation

Aggravated assault under MCL 750.81a turns on serious or aggravated injury, and MCL 750.84 turns on intent to do great bodily harm. We retain medical experts to examine whether the documented injuries are consistent with the account given, pre-existing, or attributable to another cause.

Common Questions

Assault charge questions answered.

Can assault charges be dropped if the complaining witness does not want to cooperate?

The complaining witness does not "press charges" in Michigan — the prosecutor decides what to charge. Once a case is filed, the complaining witness cannot simply withdraw it. A reluctant or recanting witness does affect the strength of the proofs, and that is something we raise in seeking a dismissal or a reduction, and in litigating whether the prosecution can meet its burden without cooperative testimony.

What is Michigan's self-defense law?

Michigan does not impose a general duty to retreat. Under the Self-Defense Act, MCL 780.972, a person who is not engaged in the commission of a crime and who is somewhere he or she has a legal right to be may use force, including deadly force in defined circumstances, where the person honestly and reasonably believes it is necessary to prevent imminent death, great bodily harm, or sexual assault. Self-defense is raised at trial, and once evidence supports it the prosecution must disprove it beyond a reasonable doubt. Whether the facts of a particular case support the defense depends on the evidence and should be reviewed with an attorney.

Will an assault conviction affect my firearm rights?

A felony conviction carries firearm consequences under both Michigan and federal law. A qualifying misdemeanor conviction involving domestic violence can also trigger the federal prohibition at 18 U.S.C. 922(g)(9). That prohibition is not automatically permanent: it lifts on expungement, set-aside, or pardon under 18 U.S.C. 921(a)(33)(B)(ii), and under the 2022 amendment at 921(a)(33)(C) a person convicted once as a non-cohabiting dating partner may be restored after five years without a further qualifying offense. It remains indefinite for spouses, cohabitants, and co-parents. Firearm consequences are one reason to examine an assault charge thoroughly rather than resolve it quickly.

What if both parties were fighting — can I still be charged?

Yes. Both participants in an altercation can be charged in Michigan. Who the initial aggressor was, and whether the force used was proportional, matter to both criminal liability and to any self-defense claim under MCL 780.972. We establish the timeline, review prior contact between the parties, and examine whether the evidence supports the prosecution's account of who did what.

Consultation

Speak with an Ann Arbor assault defense lawyer.

Early involvement allows us to request surveillance footage and identify witnesses while that evidence is still available.

Request a Confidential Consultation Call (734) 887-6200