Michigan Misdemeanor Assault Charges
The misdemeanor assault charge in Michigan is a very common charge which is dealt with in the various district courts, including the 52-1, 52-3, 48th, and many other courts. As misdemeanor assault attorneys, we have seen our fair share of these types of cases.
Are your charged with fighting? A person having physical altercations is generally the precursor to a misdemeanor assault charge. It seems that the typical situation is where words lead to anger, which leads to physical confrontation. The problem with these types of cases is that the officers are generally not at the scene of the crime and have to rely on questionable witnesses to recount exactly what happened. Too often, the innocent person is charged, while the aggressor escapes prosecution. The police generally will not understand explanations of self defense, or the defense of somebody else. Instead, most people with a Michigan misdemeanor assault charge are charged with nothing but hearsay evidence.
In order to combat an assaultive charge, you have to aggressively fight the charges. This means that you need to have an aggressive attorney who will anticipate and plan for the trial. More than most other charges, Michigan assault cases go to trial. Because of this, cutting edge motions need to be filed prior to trial in order to prohibit much of the constitutionally illegal evidence from entering the trial.
In Michigan, road rage incidents happen nearly as often as altercations. In fact, we have defended major felony cases resulting from road rage. Road rage incidents begin with two drivers becoming upset at each other, and can end up with all types of different results, including ramming each other with their cars, getting out of the vehicles and fighting, and causing a crash.
The Amberglaw criminal defense team has handled all different types of road rage misdemeanors and felonies all over Michigan. From Oakland County to Grand Traverse, we have seen our fair share of interesting cases. Again, as with most assaultive cases, the defendant’s side of the story is never properly told to the cops, which always results in arrests and prosecutions. The main issue that we’ve experienced with nearly every road rage assault case is that both drivers share responsibility in the incident, yet for reasons unknown, the cops normally make a choice on the scene of who to believe and they immediately arrest and charge the other party.
Misdemeanor assault cases in Michigan will carry the same penalties as a first offense domestic violence charge. Ultimately, the defendant in an assault misdemeanor will be facing up to 93 days for a first offense. Although there is possible jail time, the reality is that depending on the situation, as well as the court, the more likely outcome on a conviction will be probation. Because of this, if you have been charged with misdemeanor assault anywhere in Michigan, go hire a real criminal defense attorney, and fight that case.