Assault Crimes

Assault

If a person is charged with assault it is alleged that they tried to create an apprehension of harm. A batter is an unwanted physcial touching. A person who assaults or assaults and batters an individual, if no other punishment is prescribed by law, is guilty of a misdemeanor punishable by imprisonment for not more than ninety-three (93) days or a fine of not more than $500.00, or both.

Aggravated Assault

The difference between a "simple assault" and aggravated assault is is a serious or aggravated injury. A person who assaults an individual without a weapon and inflicts serious or aggravated injury upon that individual without intending to commit murder or to inflict great bodily harm less than murder is guilty of a misdemeanor punishable by imprisonment for not more than one (1) year or a fine of not more than $1,000.00, or both.

Felonious Assault

A person who assaults another person with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon without intending to commit murder or to inflict great bodily harm less than murder is guilty of a felony punishable by imprisonment for not more than four (4) years or a fine of not more than $2,000.00, or both.

Assault with Intent to do Great Bodily Harm

Any person who shall assault another with intent to do great bodily harm, less than the crime of murder, shall be guilty of a felony punishable by imprisonment in the state prison not more than 10 years, or by fine of not more than 5,000 dollars. Great Bodily Harm is defined as an intent to do serious injury of an aggravated nature. The difference between Aggravated Assault and Assault with Intent to do Great Bodily Harm is an actual intent to cause serious injury is present in the case of Great Bodily Harm and is not present in an Aggravated Assault

Assault with Intent to Murder

Any person who shall assault another with intent to commit the crime of murder, shall be guilty of a felony, punishable by imprisonment in the state prison for life or any number of years. The difference between Assault with Intent to Murder and Assault with Intent to do Great Bodily Harm the intent to cause serious injury is present in the case of Great Bodily Harm and an actual intent to cause death is required for Assault with Intent to Murder. Assault with intent to murder is a lessor offense of Attempted Murder

DEFENSES

Self-Defense

Self-Defense is available as a defense if the assault that you committed was done to protect yourself against an assault or an assaul and battery of another. This defense is unavailable if you are the initial aggressor of the assault and battery. To be entitled to the defense of self-defense to a simple assault charged the individual must have acted out of an honest and resaonable belief that the use of force was necessary to prevent an imminent battery. As it relates to aggravated charges To be entitled to the defense of self-defense, an individual must have acted out of an honest and reasonable belief that the use of deadly force was necessary to prevent his imminent death or imminent great bodily harm. People v Riddle, 467 Mich 116, 142 n 30; 649 NW2d 30 (2002). A defendant acts in self-defense when he ?honestly and reasonably believes that his life is in imminent danger or that there is a threat of serious bodily harm.? People v Heflin, 434 Mich 482, 502; 456 NW2d 10 (1990). The use of deadly force in self-defense is justified if 1) the defendant honestly and reasonably believed that he was in danger, 2) the danger which the defendant feared was serious bodily harm or death, and 3) the action taken by the defendant appeared at the time to be immediately necessary, i.e., the defendant is only entitled to use the amount of force necessary to defend himself. MCL 780.972; MCL 780.961; Heflin, 434 Mich at 502. Once evidence of self-defense is introduced, the prosecutor bears the burden of disproving it beyond a reasonable doubt.? People v Fortson, 202 Mich App 13, 20; 507 NW2d 763 (1993). A prosecutor may meet this burden by presenting sufficient evidence for a reasonable trier of fact to conclude, beyond a reasonable doubt, that the defendant?s belief of imminent danger was either not honest or was unreasonable.

Imperfect Self-Defense

Imperfect self-defense is a qualified defense that can mitigate second-degree murder to voluntary manslaughter. Where imperfect self-defense is applicable, it serves as a method of negating the element of malice in a murder charge. The doctrine applies only where the defendant would have been entitled to self-defense had he not been the initial aggressor.

Defense of Others

To be entitled to the defense of Defense of Others, an individual must have acted out of an honest and objectively reasonable belief that the use of force was necessary to prevent an imminent battery of another. The action must have objectively appeared to be immediately necessary to those claiming this defense. Further, the action taken by the person using this defense is only entitled to use the amount of force necessary to defend the other person.

Disclaimers

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