Charged with assault in Kent County? The weapon, the injury and your intent set the charge
Michigan has several assault crimes, and they are not close to each other in seriousness. A shove or a swing can be a misdemeanor with a maximum of 93 days. The same incident with a knife, or with an injury the prosecutor calls serious, can become a felony. A hand on the throat can be charged as a 10 year felony even when there is no visible mark. Police and prosecutors in Grand Rapids, Kentwood, Wyoming and the rest of Kent County choose the charge from the first reports, and those reports are often incomplete or one sided.
The short answer. Simple assault or assault and battery is a misdemeanor with up to 93 days in jail. Aggravated assault is a misdemeanor with up to 1 year. Felonious assault, an assault with a weapon, is a felony with up to 4 years in prison. Assault with intent to do great bodily harm, or assault by strangulation or suffocation, is a felony with up to 10 years. If you acted to protect yourself or someone else, Michigan law may let you use force, and the prosecutor then has to disprove it beyond a reasonable doubt. Do not explain your side to police before you talk to a lawyer.
I am Mitchell Bisson, a Grand Rapids criminal defense lawyer. I have litigated for over 15 years, and I prepare every assault case as if it will be tried. Interviewing the witnesses and asking early for the 911 audio, the body camera video and the medical records lets me test the state’s account before any plea discussion. Big-Firm Power. Street-Level Grit.
This page covers the main Michigan assault charges, what each one carries, how a case moves through the Kent County courts, and how a defense is built. If the person involved is a spouse, partner, dating partner or someone you live with, see my Grand Rapids domestic violence lawyer page. It covers the extra penalties and firearm consequences that apply. Nothing here predicts how your case will end, and I do not promise outcomes. I do promise to tell you where you stand.
Michigan assault charges and penalties
These ranges come from the statutes. The exact exposure depends on the facts, your record and the judge.
| Charge | Level | Maximum penalty | Statute |
|---|---|---|---|
| Assault, or assault and battery | Misdemeanor | Up to 93 days in jail, a fine of up to $500, or both. If the victim is a health professional or medical volunteer on duty, the fine can be up to $1,000 | MCL 750.81(1) |
| Aggravated assault: assault without a weapon that causes serious or aggravated injury | Misdemeanor | Up to 1 year in jail, a fine of up to $1,000, or both. The fine can be up to $2,000 for a health professional or medical volunteer on duty | MCL 750.81a(1) |
| Felonious assault: assault with a gun, knife, club or other dangerous weapon | Felony | Up to 4 years in prison, a fine of up to $2,000, or both. The fine can be up to $4,000 for a health professional or medical volunteer on duty. In a weapon free school zone: up to 4 years, up to 150 hours of community service, or a fine of up to $6,000 | MCL 750.82 |
| Assault with intent to do great bodily harm less than murder | Felony | Up to 10 years in prison, a fine of up to $5,000, or both | MCL 750.84(1)(a) |
| Assault by strangulation or suffocation | Felony | Up to 10 years in prison, a fine of up to $5,000, or both | MCL 750.84(1)(b) |
| Assault with intent to commit murder | Felony | Life or any number of years in prison | MCL 750.83 |
The penalty for a domestic assault is different. A first domestic assault under MCL 750.81(2) carries up to 93 days, and a repeat domestic offense can be charged as a felony. A prior conviction for assaulting a spouse, a dating partner, a co-parent or a household member can raise an aggravated domestic assault under MCL 750.81a(3) to a felony with up to 5 years. The rules for those cases are on my domestic violence page.
What each charge requires
Assault and battery. An assault is either an attempt to commit a battery or an unlawful act that places another person in reasonable apprehension of receiving an immediate battery. People v. Starks, 473 Mich. 227, 234 (2005). A battery is an intentional, unconsented and harmful or offensive touching of the person of another, or of something closely connected with the person. People v. Reeves, 458 Mich. 236, 246 (1998). A threat alone can be an assault if it puts a person in reasonable fear of an immediate battery. A touching can be a battery even if it leaves no mark.
Aggravated assault. The prosecutor must prove an assault without a weapon that causes serious or aggravated injury, committed without an intent to murder or to do great bodily harm. MCL 750.81a(1). The medical records matter here. What counts as serious or aggravated is a question the jury decides on the evidence.
Felonious assault. The elements are an assault, with a dangerous weapon, and with the intent to injure or to place the victim in reasonable apprehension of an immediate battery. People v. Chambers, 277 Mich. App. 1, 8 (2007). The statute names a gun, revolver, pistol, knife, iron bar, club, brass knuckles and other dangerous weapons. MCL 750.82(1). The charge can turn on whether the object was a dangerous weapon, whether it was used as a weapon, and whether you meant to threaten or injure anyone.
Assault with intent to do great bodily harm. The prosecutor must prove an attempt or threat with force or violence to do corporal harm to another, and an intent to do great bodily harm less than murder. People v. Stevens, 306 Mich. App. 620, 628 (2014). The charge turns on intent, so the nature of the injury, the force used and what was said all matter.
Assault by strangulation or suffocation. The statute covers intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck, or by blocking the nose or mouth. MCL 750.84(2). The prosecutor can also charge other offenses from the same conduct. MCL 750.84(3). These cases often rest on one person’s account and an emergency room or photo record, so the medical evidence and the timeline get close attention from me.
Consequences beyond the sentence
A criminal record. Even a misdemeanor assault conviction shows up on background checks, and a felony stays on your record for life unless a court sets it aside. Employers, landlords and licensing boards look at assault convictions closely.
Your right to own a gun. A felony conviction triggers Michigan’s bar on possessing firearms, and a felony with an element of physical force can fall under the longer waiting period for specified felonies. See my Grand Rapids weapons charges lawyer page for how that works. A domestic assault misdemeanor carries its own firearm bar, covered on my domestic violence page.
A civil lawsuit. The person who says they were hurt can also sue you for damages. A criminal case and a civil case can run at the same time, and what you say in one can be used in the other. Because my practice includes civil litigation, I look at both sides of that exposure together.
Bond conditions and no contact orders. Courts often order no contact with the complainant as a condition of bond. A call, text or social media message can lead to a bond violation and a new charge, even if the other person contacted you first.
What happens after an assault arrest
- Arrest and booking. Police take statements, photograph any injuries, and may collect video, 911 audio and medical information. What you say at this stage is recorded.
- Arraignment and bond. A judge or magistrate reads the charge and sets bond and conditions. A no contact condition is common.
- Misdemeanor cases. A misdemeanor assault is handled in district court through pretrial conferences, motions and, if needed, a bench or jury trial.
- Felony cases. A felony starts in district court with a probable cause conference and a preliminary examination. I use that hearing to question the complainant and the officer under oath. If the case is bound over, it moves to the Kent County Circuit Court.
- Resolution. The case can end in dismissal, a plea to a lesser charge, or a trial.
The prosecutor decides whether to pursue a case, not the complainant. A person who wants the charge dropped cannot cancel it, and you should not ask them to. Contacting a witness can lead to new charges and can damage a defense that would otherwise be strong. Let me handle communication through proper channels.
How I defend an assault charge
Self-defense and defense of others. Under Michigan’s self-defense statute, a person who is not engaged in a crime may use non-deadly force anywhere they have a legal right to be, with no duty to retreat, if they honestly and reasonably believe it is necessary to defend themselves or another from imminent unlawful force. Deadly force is allowed only where the person honestly and reasonably believes it is necessary to prevent imminent death, great bodily harm or sexual assault. MCL 780.972. Once there is some evidence that supports self-defense, the prosecutor must disprove it beyond a reasonable doubt. People v. Dupree, 486 Mich. 693, 712 (2010). The first step is a full account of what you saw and felt before force was used.
Identity and credibility. Many assault cases come down to one person’s word against another’s. I look at who started the confrontation, what each witness could see, whether the story changed between the 911 call, the police report and the courtroom, and whether the complainant had a reason to exaggerate. Texts, social media and video from the scene often change how a case looks.
Intent. Felonious assault requires an intent to injure or to frighten, and assault with intent to do great bodily harm requires a specific intent to cause great bodily harm. An accident, a reaction in a chaotic moment or a struggle over an object does not carry the same intent. The more serious the charge, the more the prosecutor must prove about what you were thinking.
The weapon and the injury. For felonious assault I look at whether the object was actually a dangerous weapon and whether it was used as one. For aggravated assault and the felony injury counts I look at the medical records, the photographs and whether the injury fits the account the complainant gave. A weak injury record can support a reduction to a lower charge.
Negotiated outcomes. When the evidence supports a reduction, I negotiate from a prepared position. A reduction to a lesser charge can change the penalty range, the firearm consequences and what appears on your record. I tell you plainly which options are realistic and what each one costs you.
Where your Kent County assault case will be heard
I represent clients charged in Grand Rapids, Kentwood, Grandville, Wyoming and across Kent County. A misdemeanor assault is heard in district court. In Grand Rapids that is the 61st District Court. Other Kent County communities are served by the 59th District Court in Walker and Grandville, the 62A court in Wyoming, the 62B court in Kentwood and the 63rd District Court, which covers Rockford, Lowell, Cedar Springs, East Grand Rapids and the surrounding townships. A felony assault starts in district court with a probable cause hearing and, if the case is bound over, moves to the Kent County Circuit Court, the 17th Circuit.
Why people hire me as their Michigan assault lawyer
You deal with the lawyer handling your case from the first call to the last day. I give you the strengths and weaknesses of the case straight, including what a conviction would mean for your freedom, your job and your record. I build a thorough case, and then we decide together how to proceed.
Fees depend on the charge, its complexity and whether the case is likely to go to trial. I explain my fee arrangement at the consultation, before you decide whether to hire me.
Questions I hear from people charged with assault in Kent County
What is the difference between assault and battery in Michigan?
An assault is an attempt to commit a battery, or an unlawful act that puts another person in reasonable fear of an immediate battery. A battery is an intentional, unconsented and harmful or offensive touching. Michigan’s statute covers both, so the charge is usually assault or assault and battery. It is a misdemeanor with up to 93 days in jail and a fine of up to $500.
Can I be charged with assault if I never touched anyone?
Yes. An assault includes an unlawful act that places another person in reasonable apprehension of an immediate battery. A threatening move can be enough without any contact. Words alone usually are not, but the words together with what you did can be.
What is felonious assault in Michigan?
It is an assault with a gun, knife, club or other dangerous weapon, without an intent to murder or to do great bodily harm. The prosecutor must prove an assault, with a dangerous weapon, and an intent to injure or to place the victim in reasonable fear of an immediate battery. It is a felony with up to 4 years in prison and a fine of up to $2,000.
What is aggravated assault in Michigan?
It is an assault without a weapon that causes serious or aggravated injury, without an intent to murder or to do great bodily harm. It is a misdemeanor with up to 1 year in jail and a fine of up to $1,000. A prior domestic assault conviction can make a domestic version a felony with up to 5 years.
What is assault by strangulation in Michigan?
It is a felony with up to 10 years in prison and a fine of up to $5,000. The statute covers intentionally impeding normal breathing or circulation by pressure on the throat or neck, or by blocking the nose or mouth. The prosecutor can bring other charges from the same conduct, so I look at every count that was filed or could be added.
What must the prosecutor prove for assault with intent to do great bodily harm?
Two things: an attempt or threat with force or violence to do corporal harm to another, and an intent to do great bodily harm less than murder. The second element is about what you intended, not only what happened. It carries up to 10 years in prison and a fine of up to $5,000.
Can I claim self-defense to an assault charge?
Yes, if the facts support it. A person who is not engaged in a crime may use non-deadly force anywhere they have a legal right to be if they honestly and reasonably believe it is necessary to defend against imminent unlawful force, and there is no duty to retreat. Deadly force requires an honest and reasonable belief that it is needed to prevent imminent death, great bodily harm or sexual assault. Once there is some evidence of self-defense, the prosecutor must disprove it beyond a reasonable doubt.
Can I use force to protect someone else?
Yes, under the same standard. The self-defense statute applies to force used to defend yourself or another individual, and it requires the same honest and reasonable belief that the force was necessary. What you actually saw and how it looked in the moment matter more than how it looks afterward.
Can the alleged victim drop an assault charge?
No. The prosecutor decides whether to pursue a criminal case, not the complainant. A complainant can tell the prosecutor they do not want to go forward, and that can affect how the case is handled, but the decision is the prosecutor’s. Do not contact the complainant to ask them to drop it. That can violate a no contact order and lead to a new charge.
Should I talk to police about an assault accusation?
No, not before you speak with a lawyer. Statements about who started the incident, what you did and what you meant are the evidence a prosecutor uses on intent and self-defense. You can say you want a lawyer and then stop talking. Be polite and do not resist.
Related Michigan pages
For a wider look at charges in Kent County, see my Grand Rapids criminal defense lawyer page. If the person involved is a partner or household member, see my Grand Rapids domestic violence lawyer page. If a weapon or firearm was involved, see my Grand Rapids weapons charges lawyer page. For short answers on other Michigan legal questions, see the Michigan legal FAQs page. If a conviction needs to be challenged on appeal, see my Michigan appeals lawyer page. My practice also covers civil and business disputes, including civil litigation and business litigation.
For short answers with the statute or court rule behind each one, see my Michigan FAQs on assault, domestic violence and stalking (11 answers) and arrest, arraignment and bond (16 answers).
Law Offices of Mitchell S. Bisson, 2828 Kraft Ave SE, Suite 295, Grand Rapids, MI 49512, serving Kent County and West Michigan. Your Rights, My Fight!
Contact me 24/7 by text on WhatsApp. Charged with assault in Kent County? Call for a free initial consultation: (616) 213-3327 | MBisson@BissonLegal.com
This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.