Can I Get an Aggravated Assault Charge Reduced in Detroit?

If you have been charged with aggravated assault, you may be facing serious time in prison, particularly if a weapon was involved in the alleged crime. Besides outright denying the allegations you’re facing, your best option is getting the charges reduced.

Working with a skilled Detroit assault defense attorney like Attorney Maurice Davis is one of the best ways to fighting your aggravated assault charges. Our attorneys at Davis Law Group have handled many violent crime cases and have the experience necessary to assist with your defense. Schedule a consultation by calling 313-818-3238.

What is Aggravated Assault in Michigan?

In Michigan, aggravated assault is a more extreme version of assault charges. You can be charged with aggravated assault if you are accused of attacking someone with the intention of causing serious harm or killing someone. If the alleged victim requires immediate medical care for substantial harm, their attacker could be charged with aggravated assault.

You can be charged with misdemeanor or felony assault. Misdemeanor assault resulting in injury is punishable by up to one year in jail and up to a $1,000 fine.

A felony charge usually results in attacks by family members. Felony assault on a household member is punishable by up to five years in prison and a $5,000 fine.

Why Do I Want My Assault Charges Dropped or Reduced?

It may seem obvious, but getting your aggravated assault charges dropped or even reduced is especially critical to your freedom and future. First, if you’re convicted of even misdemeanor assault in Michigan, this will go on your record. Assault charges are ineligible for expunctions, so these convictions are permanent.

Assault convictions will make getting employment a challenge, and it can also disrupt your ability to find stable housing. You will also have to face the social stigma associated with a criminal record.

Which is Better — Dropped or Reduced Charges?

Getting criminal charges dropped is much better than simply getting them reduced. A dropped charge means your arrest can be expunged or sealed, and there will not be a permanent record.

Getting your aggravated assault charge reduced from a felony to a misdemeanor is much better than an outright conviction. You will face lower fines and shorter incarceration. Your assault defense attorney may have a better chance to argue for a plea deal when you’re facing a misdemeanor versus a felony.

What Are Some Defenses to Aggravated Assault in Detroit?

Just like any crime you are accused of, you have the opportunity to defend yourself against your aggravated assault charges. Some common defenses for your aggravated assault charges include:

• Insufficient evidence – In some cases, there is insufficient evidence to prove your case. For example, if the victim is unlikely to make a credible witness or refuses to cooperate with the prosecution, the state may be unable to prove its case.
• Lack of intent – The state must prove that you had the intent to cause great bodily injury or to commit murder. If serious injuries were caused by an accident, you lacked the intent to commit aggravated assault.
• Self-defense – If you reasonably believed that you or another person were in danger of death or great bodily injury and used only the force necessary to protect yourself or another person, you may be able to raise an affirmative defense that you were acting in self-defense.
• Lack of capacity – If you were unable to understand right from wrong or conform your conduct to the requirements of law because of a mental disease or defect, you may be found not guilty by reason of insanity. The insanity defense is risky because it is unpopular with juries, difficult to prove, and may even result in a longer time in confinement than a sentence rendered after a guilty verdict.

Can I Take a Plea Deal for Aggravated Assault?

Many cases are resolved with a guilty plea. An attorney may be able to help you get charges reduced by pointing out mitigating factors in your case to the prosecuting attorney. If you had no criminal history, you may be able to receive a lesser sentence than a defendant who has prior convictions for violent felonies.

It is a common misconception that an alleged victim can drop charges to end your aggravated assault case. However, once charges are filed, the state can move forward with them. The decision lies with the prosecuting attorney.

The prosecutor in a criminal case represents the interests of the state, not the victim. Sometimes, prosecutors will move forward with a case against the wishes of the victim, especially if serious injuries are involved. Usually, prosecutors take the victim’s wishes into account and often agree to dismiss charges or allow a defendant to plead guilty to a lesser charge if an alleged victim does not want to testify against the defendant. In many cases, the prosecutor will make an offer that they feel will be less of a punishment than the defendant would receive if the case goes to court.

Will My Assault Case go to Trial?

If you cannot get your charges dropped and the prosecution chooses to move forward, you have the right to request a jury trial. The decision to proceed to trial or to plead guilty is one you should make after reviewing the evidence with a Detroit aggravated assault attorney.

If you choose not to take a deal, you can work with a skilled defense attorney to fight for a better result with a jury trial. Not every case will end up in a trial — many settle before they end in front of a judge. By finding the right Detroit aggravated assault defense attorney, you stand a better chance at getting acquitted by a jury by creating a reasonable doubt about your guilt.

Contact a Detroit Assault and Battery Lawyer

If you have been accused of aggravated assault, contact Davis Law Group right away, even if a warrant has not been issued for your arrest. If police ask to speak with you, don’t give up your rights and speak to them without an attorney. Call our office today at (313) 818-3238 to schedule a consultation with a Detroit defense attorney at Davis Law Group.