Assault Offenses can be charged as a misdemeanor or felony. The actual charge against you will depend on the severity of actions taken, who was involved. the extent of any injuries and whether a weapon was used. In any case, if you’ve been charged with Assault, contact Schmierlaw for a no-cost initial consultation.


Assault and Assault & Battery: What’s the Difference

Assault and Batter are two different things. An assault charge does not require that any contact be made between the suspect and the alleged victim. All that is required is that the defendant placed the victim in reasonable apprehension of an imminent battery. An example would be a case where a suspect picks up a baseball bat and swings it at the victim. Even if the suspect makes no contact with the victim, the crime of assault has been committed because the victim will have been placed in fear of getting injured by the accused.

Penalties for Assault Convictions

In some cases assault can be charged as a misdemeanor punishable by up to 93 days in jail plus a fine . In other cases, assault can be charged as a felony offense where the defendant faces a possible prison sentence.

  • Misdemeanor Assault and Battery – A person who assaults or assaults and batters an individual,,is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both
  • Domestic Violence –an individual who assaults or assaults and batters his or her spouse, former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of the same household, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
  • Assault and Battery Assault and Battery2nd Degree – An individual who commits an assault or an assault and battery and who has previously been convicted of assaulting and/or battering an individual is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both
  • Assault and Battery 3rd DegreeAn individual who commits an assault or an assault and battery and who has 2 or more previous convictions for assaulting or assaulting and battering an individual is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both
  • Aggravated Assault and Battery – If you injure the victim or use a weapon, the charges will be a felony, you proably will spend several years in prison, and you will lose many of your Constitutionsl rights.

Diversion Programs Available to Assault Offenders

There are Diversion Programs available to some first time offenders. An experienced Assault Attorney can determine whether you are eligible for these diversion programs or even negotiate with the Prosecutor to allow, non-eligible offenders to qualify for diversion. Schmierlaw can help.


Contact Experienced, Affordable, and Aggressive Schmierlaw for an Initial No-Cost Consultation

Contact Us for an Initial No-cost Consultation

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Law Office of James G. Schmier, PLLC
2222 Attard Street, Birmingham, Michigan 48009
Tel: (248) 705-3742     FAX: (248) 540-0044    Email: jschmier@schmierlaw.com