Kalamazoo Assault Defense Attorneys

Assault covers a wide range of situations. With both misdemeanor and felony classifications, assault charges can be difficult to understand. Prosecutors take a very hard line when it comes to violent crimes, and even misdemeanor assault charges are pursued aggressively.

We know that achieving the best possible outcome for our clients comes from treating every aspect of a case with meticulous attention to detail and great care. Backed by an academically rigorous knowledge of the Constitution, the Bill of Rights, and the Michigan penal code, our Kalamazoo assault defense lawyers are highly qualified and prepared to help you with your case.

Levine & Levine works tirelessly to defend clients’ rights. Schedule a free consultation online or call us at (269) 218-8880.

What is Assault?

In Michigan, assault is the act of intentionally putting someone in fear of immediate harm or making them apprehensive of imminent physical contact without their consent. It doesn't necessarily involve physical contact. For instance, if someone threatens to punch another person but doesn't actually do it, it's still considered assault. Assault can also involve actions like pointing a weapon at someone or making credible threats of harm.

Battery, on the other hand, involves the actual physical contact or harmful touching of another person without their consent. It can range from a simple unwanted touching to more serious acts causing bodily injury. Battery typically requires proof of physical contact or harm, whereas assault can occur solely through the threat or apprehension of harm.

Therefore, assault refers to the threat of harm, while battery involves actual physical contact resulting in harm or offensive contact.

Types of Assault

According to the Michigan Penal Code, simple assault and battery is a misdemeanor offense, punishable by up to 93 days of imprisonment and/or up to $500 in fines. A subsequent offense elevates penalties to up to a year in jail and/or up to $1,000 in fines. Committing assault and battery while having two or more previous convictions for assault elevates the charges to a felony, and penalties increase to up to 5 years in prison and/or up to $5,000 in fines. It is important to understand that you do not have to physically batter someone to be charged with assault – threatening someone with physical violence or brandishing a weapon can result in an assault charge.

There are several additional types of assault charges, including:

Aggravated assault may be charged as a misdemeanor or felony, depending on the circumstances and whether it is a first offense. However, the initial penalties for aggravated assault are more significant than for simple assault and battery. Felonious assault, sometimes referred to as assault with a deadly or dangerous weapon, will be charged when someone assaults another individual with a dangerous weapon like a gun, knife, iron bar, or brass knuckles without the intent to murder or cause great bodily harm.

Assault with the intent to commit murder and assault with the intent to do great bodily harm are extremely serious charges. Assault with great bodily injury can result in a decade in prison and thousands of dollars in fines. Meanwhile, assault with the intent to commit murder can lead to a lifetime prison sentence. If you face either of these charges, you need to seek experienced legal representation from a trusted assault defense lawyer, like ours at Levine & Levine. There is too much at stake to leave anything up to chance.

Assaulting, Resisting, or Obstructing a Police Officer

Simple assault and battery is a misdemeanor unless it is against a police officer. Assaulting a police officer, even without a dangerous weapon, is automatically elevated to a felony offense. A wide range of situations can result in an assault against a law enforcement official. Like other assault charges, you do not have to physically touch a police officer to receive assault charges.

Circumstances included in section 750.81d of the Michigan Penal Code include:

Assaulting a police officer is an extremely serious charge, and there is often a significant bias against the accused. These cases must be handled with extreme care, and your defense strategy must be aggressive. Since 1987, Levine & Levine has provided clients with robust defense strategies. We believe that everyone deserves a fair trial and competent, dedicated legal representation, no matter what.

Exploring Possible Defense Strategies

When facing assault charges, it is crucial to have a skilled attorney who can evaluate the circumstances of your case and develop a strong defense strategy. At Levine & Levine, our experienced assault defense attorneys will thoroughly analyze the evidence, interview witnesses, and explore all possible defense options to protect your rights and achieve the best possible outcome.

Some common defense strategies for assault charges include:

• Self-defense or defense of others: If you acted in self-defense or to protect someone else from harm, we can gather evidence and present a strong case to support this defense.
• Lack of intent: Assault charges often require proving that you had the intent to cause harm. If we can show that there was no intent or that the alleged incident was a misunderstanding, we can build a solid defense.
• Proving false allegations: In some cases, assault charges may be based on false accusations. Our attorneys will thoroughly investigate the credibility of the accuser and challenge any inconsistencies or lack of evidence.
• Challenging the evidence: We will scrutinize the prosecution's evidence, including witness statements, surveillance footage, or forensic evidence, to identify any weaknesses or inconsistencies that can be used in your defense.

By working closely with our team of assault defense lawyers, you can have peace of mind knowing that we will fight tirelessly to protect your rights and achieve the best possible outcome in your case.

We Offer Experienced Advocacy

The Kalamazoo assault defense attorneys at Levine & Levine have 130 years of collective experience. We understand the law, and we know how prosecutors handle assault cases. Our firm treats every client with the utmost respect, and we dig deep into every case. When law enforcement or the prosecution violates our clients’ rights, we do not sit idly by. We stand up and fight. As experienced litigators, we do not back down, and we can’t be intimidated.

We are conveniently located in Kalamazoo and provide services to clients throughout Southwest Michigan including the following counties:

Our firm works hard to preserve the rights and freedoms of our clients. To learn how we can help you with your case, dial (269) 218-8880 or reach out to us online.