Assault Lawyer in Lansing MI

Simple assault and battery is the most common assault charge in Michigan, classified as a misdemeanor punishable by up to 93 days in jail and fines up to $500. This charge typically arises from bar fights, neighbor disputes, arguments between acquaintances, or situations that escalated beyond verbal conflict. Many simple assault cases involve mutual combat, self-defense claims, or situations where the alleged victim’s account conflicts with witness testimony or physical evidence. We frequently achieve dismissals or reductions in these cases by demonstrating provocation, mutual participation, lack of criminal intent, or credibility issues with the complaining witness.

Aggravated assault in Michigan is a misdemeanor punishable by up to one year in jail and fines up to $1,000. This charge applies when an assault involves serious injury or circumstances that make it more severe than simple assault, but does not rise to the level of felonious assault. Prosecutors often overcharge aggravated assault cases that should be simple assault, and we challenge these overcharges by carefully examining medical records, injury photographs, and witness statements to show the actual harm was less serious than alleged.

Felonious assault under Michigan law occurs when someone assaults another person with a gun, knife, club, or other dangerous weapon without intending to commit murder or cause great bodily harm. This is a four-year felony carrying potential prison time, not just jail. Many felonious assault cases hinge on whether the object used actually constitutes a dangerous weapon (which can include everyday items like bottles, tools, or vehicles depending on how they were used) and whether the defendant acted with the required criminal intent. Self-defense is a common and often successful defense to these charges.

This serious felony charge applies when prosecutors believe you intended to cause severe injury short of death. It is punishable by up to ten years in prison. The key distinction between this charge and felonious assault is the specific intent to cause serious harm. We defend these cases by challenging the prosecution’s evidence of intent, demonstrating the incident occurred in the heat of passion without premeditation, or establishing self-defense or defense of others.

Domestic violence assault involves assault or assault and battery against a spouse, former spouse, dating partner, someone you have a child with, or someone you live or lived with. First offense domestic violence is a misdemeanor with up to 93 days in jail, and second offense domestic violence remains a misdemeanor with up to one year in jail. Third offenses become felonies. Domestic violence charges carry additional consequences including mandatory batterer intervention programs, no-contact orders, and firearms restrictions. These cases often involve he-said-she-said scenarios, mutual aggression, or false allegations made during custody disputes or divorce proceedings.

Assaulting police officers, emergency medical personnel, healthcare workers, teachers, or judges carries enhanced penalties in Michigan. Assault on a police officer is typically a two-year felony, while assault causing injury can carry up to four years. These cases require particularly aggressive defense because prosecutors take them extremely seriously and officers’ testimony is often given added credibility. We scrutinize use-of-force reports, body camera footage, and medical records to identify inconsistencies and establish legitimate defenses.

This charge combines assault with alleged sexual intent and carries severe penalties ranging from five years to life in prison depending on the degree. These cases overlap with sexual assault charges and require immediate, aggressive legal intervention. False allegations, mistaken identity, and consent are common defense strategies we employ.

When assault occurs during another felony crime such as robbery, breaking and entering, or kidnapping, the assault charge may be elevated or combined with other serious charges. These complex cases require defending against multiple allegations simultaneously and often involve challenging whether the underlying felony actually occurred.

Within hours of being retained, we review arrest reports, witness statements, and charging documents to understand exactly what the prosecution claims happened. We immediately send preservation letters to secure video footage from businesses, body camera recordings, 911 calls, and other evidence that may disappear if not protected quickly. In Lansing assault cases, surveillance video from downtown bars, gas stations, or apartment complexes often provides crucial evidence that contradicts the alleged victim’s version of events.

We conduct an in-depth interview with you to understand your perspective, identify all potential witnesses, and gather information about the alleged victim’s credibility, prior false allegations, or aggressive behavior. We locate and interview defense witnesses before memories fade and before prosecutors can influence their statements.

We conduct our own independent investigation, which may include hiring investigators, obtaining medical records, photographing injuries (or lack thereof), examining social media posts that contradict allegations, and gathering character evidence. In domestic violence assault cases, we often uncover text messages or emails showing the alleged victim making threats, admitting to lying, or expressing regret about filing charges.

We file motions to suppress evidence obtained through illegal searches, dismiss charges based on insufficient evidence, exclude prejudicial testimony, or compel the prosecution to provide evidence they are withholding. Winning pretrial motions can result in dismissal before trial or force prosecutors to offer favorable plea agreements.

Using the weaknesses we have identified in the prosecution’s case, we negotiate with Ingham County prosecutors for charge reductions, dismissals, or alternative sentencing that avoids jail time and criminal records. Our relationships with local prosecutors and reputation for thorough preparation often result in favorable plea offers that prosecutors would not extend to unrepresented defendants.

If negotiation does not produce an acceptable result, we prepare aggressively for trial. We depose witnesses, retain expert witnesses when needed, prepare cross-examination strategies to expose inconsistencies, and develop compelling opening and closing arguments. We are not afraid to take assault cases to trial when that is in your best interest.

• Classification: Misdemeanor
• Maximum Jail/Prison: 93 days
• Maximum Fine: $500
• Other Consequences: Probation, anger management

• Classification: Misdemeanor
• Maximum Jail/Prison: 93 days
• Maximum Fine: $500
• Other Consequences: Probation, anger management

• Classification: Misdemeanor
• Maximum Jail/Prison: 1 year
• Maximum Fine: $1,000
• Other Consequences: Probation, restitution

• Classification: Misdemeanor
• Maximum Jail/Prison: 93 days
• Maximum Fine: $500
• Other Consequences: Mandatory counseling, no-contact orders

• Classification: Misdemeanor
• Maximum Jail/Prison: 1 year
• Maximum Fine: $2,500
• Other Consequences: Minimum 48 hours jail, counseling

• Classification: Felony
• Maximum Jail/Prison: 5 years
• Maximum Fine: $5,000
• Other Consequences: Prison likely, firearms prohibition

• Classification: Felony
• Maximum Jail/Prison: 4 years
• Maximum Fine: $2,000
• Other Consequences: Felony record, possible prison

• Classification: Felony
• Maximum Jail/Prison: 10 years
• Maximum Fine: $5,000
• Other Consequences: Prison likely, violent felony record

• Classification: Felony
• Maximum Jail/Prison:
• Maximum Fine: $2,000-$20,000 depending on injury
• Other Consequences: Prison possible, violent offender status

Michigan law allows you to use reasonable force to protect yourself from imminent unlawful force by another person. You are not required to retreat before using force to defend yourself in any place you have a lawful right to be. To establish self-defense, we must show you honestly and reasonably believed you were in danger of immediate bodily harm, you did not provoke the assault, and the force you used was proportionate to the threat you faced. Self-defense is a complete defense, meaning if successful, you are not guilty of assault.

You have the right to use reasonable force to protect another person from imminent harm under the same standards that apply to self-defense. This defense often arises when someone intervenes in a fight to protect a family member, friend, or even a stranger.

Michigan law permits reasonable force to protect your property, though deadly force is not justified solely to protect property. This defense is more limited than self-defense and depends heavily on the specific circumstances.

In limited circumstances, if the alleged victim consented to the physical contact (such as in mutual combat or sporting events), you may not be guilty of assault. However, consent is not a defense if serious injury results, as you cannot legally consent to acts that cause great bodily harm.

Assault requires intentional conduct. If the contact was accidental or the result of negligence rather than intentional action, you may not be guilty of assault. We can challenge whether the prosecution has proven beyond a reasonable doubt that you acted intentionally.

Unfortunately, false assault allegations are common, particularly in domestic violence cases involving custody disputes, divorce, or relationships ending badly. We investigate the alleged victim’s credibility, motive to lie, and inconsistencies in their account to establish that the assault never occurred.

In incidents involving multiple people or chaotic situations, the alleged victim or witnesses may have mistakenly identified you as the assailant. We examine the reliability of identifications, lighting conditions, opportunity to observe, and other factors that affect eyewitness accuracy.

The prosecution bears the burden of proving every element of assault beyond a reasonable doubt. If the evidence is weak, contradictory, or insufficient to meet this high standard, you are entitled to acquittal or dismissal.

You have the absolute right to refuse to answer police questions. You cannot be punished for exercising this right. Police may tell you that talking will help you, that they just want to hear your side, or that remaining silent makes you look guilty. These are tactics to gather evidence. Politely tell officers you wish to remain silent and want to speak with an attorney before answering questions.

You have the right to have an attorney present during any police questioning. If you cannot afford an attorney, one will be appointed to represent you, though the quality of appointed counsel varies greatly. If you have the means to hire private counsel like Monument Legal, doing so immediately gives you control over your defense from the very beginning.

Police need a warrant, your consent, or specific legal exceptions to search your home, vehicle, or person. Do not consent to searches. If police search without a warrant or your consent, we may be able to suppress the evidence they find, which can lead to dismissal of charges.

If arrested, you are entitled to a hearing where a judge sets bond. We can advocate for lower bond, personal recognizance release, or less restrictive bond conditions at your arraignment.

At trial, you have the right to cross-examine the prosecution’s witnesses, including the alleged victim. This right allows us to expose inconsistencies, bias, and credibility issues.

For most assault charges, you have the right to a trial by jury. We can challenge potential jurors during jury selection to ensure you receive a fair jury.

You cannot be forced to testify against yourself. If your case goes to trial, the prosecution cannot comment negatively on your decision not to testify, and the jury must be instructed not to consider your silence as evidence of guilt.

No, you should not talk to police without an attorney present, even if you believe you are innocent or have a good explanation.

You have an absolute constitutional right to remain silent, and exercising this right cannot be used against you in court. Police are trained to gather evidence for the prosecution, and seemingly innocent statements can be taken out of context, misconstrued, or combined with other evidence to build a case against you.

Even if you acted in self-defense or were falsely accused, explaining your side without legal counsel often does more harm than good. Politely tell officers you wish to remain silent and want to speak with an attorney, then contact Monument Legal immediately.

Whether you face jail time depends on the specific charge, your criminal history, the severity of injuries, whether weapons were involved, and how your case is defended.

Simple assault charges may result in probation, fines, and anger management classes without jail time, especially for first offenders. More serious assault charges like felonious assault or assault with intent to cause great bodily harm carry real prison risks, particularly if you have prior convictions. Many assault cases are resolved through plea agreements that avoid incarceration, and some result in dismissals or acquittals when properly defended.

The key is early intervention by an experienced assault attorney who can build the strongest possible defense and negotiate effectively with prosecutors to minimize or eliminate jail time.

Misdemeanor assault cases in Lansing typically resolve within two to four months from arraignment, though some take longer if they proceed to trial.

Felony assault cases generally take six months to over a year, as they begin in district court for preliminary examination before moving to circuit court for trial. The timeline depends on court schedules, whether you remain in custody or are released on bond, the complexity of the case, discovery delays, and whether the case is resolved through negotiation or goes to trial.

Cases can sometimes be resolved more quickly when we identify strong defenses early and negotiate dismissals or favorable plea agreements before extensive court proceedings occur.

Yes, assault charges are frequently dismissed or reduced when properly defended.

Common grounds for dismissal include lack of probable cause, insufficient evidence, violations of your constitutional rights, false allegations, or self-defense. Charges are often reduced when we demonstrate the alleged conduct was less serious than charged, injuries were minor or nonexistent, the alleged victim was the aggressor, or the prosecution’s evidence has significant weaknesses.

Each case is unique, and the prospects for dismissal or reduction depend on the specific facts and evidence involved.

Your first court appearance is called an arraignment, which typically occurs within 48 hours of arrest if you were taken into custody, or by summons if you were not arrested. At arraignment, the judge will inform you of the charges against you, advise you of your rights, and set bond conditions if you are in custody.

You will enter a plea of not guilty at this stage, and the judge will schedule future court dates including a pretrial conference. For misdemeanor assault charges in Lansing, arraignment occurs in either 54A District Court or 54B District Court depending on where the alleged incident occurred. For felony assault charges, you will be arraigned in district court, but the case will later move to Ingham County Circuit Court if bound over after preliminary examination.

Having Monument Legal present at your arraignment ensures your bond conditions are reasonable and that you understand the process going forward.

Yes, an assault conviction will result in a criminal record that appears on background checks conducted by employers, landlords, educational institutions, and others.

Misdemeanor assault convictions remain on your record indefinitely unless expunged. Felony assault convictions are even more damaging, potentially preventing employment in many fields, affecting professional licensing, and carrying a social stigma.

However, Michigan law allows many assault convictions to be expunged after a waiting period of three years for misdemeanors and five years for felonies, provided you meet eligibility requirements. You can have up to three felony convictions and unlimited misdemeanor convictions set aside during your lifetime under Michigan’s expanded expungement laws.

Our expungement services help clients clear their records after the waiting period. The best approach is avoiding conviction in the first place through aggressive defense of your assault charges.

No, you should never plead guilty to assault charges without first having an attorney thoroughly investigate your case, explore all possible defenses, and negotiate with prosecutors.

Pleading guilty without representation almost always results in harsher consequences than you would receive with proper defense. Many assault cases have strong defenses based on self-defense, false allegations, lack of intent, insufficient evidence, or constitutional violations that can result in dismissal or acquittal. Even if the evidence against you seems overwhelming, an experienced attorney can often negotiate charge reductions, alternative sentencing, or delayed sentences that avoid criminal records.

Assault convictions carry long-term consequences affecting employment, housing, professional licenses, and gun rights that make fighting the charges worth the effort. Schedule a free consultation with Monument Legal before making any decisions about your case.

Yes, you absolutely need an attorney even for simple assault charges.

While simple assault is a misdemeanor, a conviction still creates a criminal record, can result in jail time, carries fines and court costs, and affects future employment and housing opportunities. Many simple assault charges can be dismissed or reduced to non-criminal civil infractions that do not result in a criminal record when properly defended. Self-representation puts you at a severe disadvantage against trained prosecutors who handle criminal cases daily. An experienced assault lawyer understands the law, court procedures, evidence rules, and negotiation strategies that unrepresented defendants simply do not possess.

The cost of hiring Monument Legal is minimal compared to the lifelong consequences of an assault conviction. Our free consultation allows you to understand your options with no obligation.

Many people facing assault charges believe the case will be dismissed if the alleged victim wants to drop the charges, but this is not how the system works in Michigan.

Once police have investigated and prosecutors have filed charges, the case belongs to the state, not the alleged victim. The prosecutor has discretion to proceed with charges even if the victim is uncooperative. However, a victim’s unwillingness to cooperate does strengthen your defense, as the prosecution will struggle to meet its burden of proof without the victim’s testimony. We can use the victim’s lack of cooperation to negotiate dismissals or favorable plea agreements.

If the victim wants to recant allegations or drop charges, we can present this information to prosecutors along with other evidence supporting dismissal. In domestic violence cases, victims frequently want charges dropped after emotions cool, and we know how to leverage this effectively while protecting your rights.

It depends on the type of assault conviction.

Felony assault convictions result in permanent loss of gun rights under both Michigan and federal law, though some felonies may be reduced to misdemeanors through legal procedures that can restore rights. Domestic violence misdemeanor convictions trigger a federal lifetime firearms ban under the Lautenberg Amendment, even though Michigan might restore your rights after a period of time. Non-domestic violence misdemeanor assault convictions in Michigan result in temporary firearms restrictions that can be restored after completion of your sentence.

The best approach is fighting your assault charges to avoid conviction in the first place, which preserves your gun rights entirely. If you have already been convicted, we can evaluate whether expungement or other legal remedies might restore your rights.