What constitutes criminal assault?

On Behalf of | Mar 23, 2018 | Violent Crimes

While an assault may be generally defined as an alleged physical attack on another person’s body, under Michigan law there are many different crimes that arise from the concept of assault. For example, there is simple assault and assault that committed with the intention of causing the alleged victim’s death. Assaults can be perpetrated to prevent officials from performing their duties, such as law enforcement officials from performing searches or arrests, and assaults can be committed with weapons and firearms. As each type of assault under Michigan law may incorporate its own elements and requirements of proof, readers are encouraged to speak with criminal defense attorneys about their unique cases.

However, most assaults require individuals to have committed two mandatory elements: an intention to cause their victim to experience fear and an act that does in fact cause the victim to experience fear. A person may be guilty of an assault if they intentionally point a gun at their intended victim in order to cause that person to fear for their life.

In some cases, a criminal defendant may have defense options to their assault charges. A person may be able to allege that the assault they allegedly committed was done so out of self-defense or the defense of another person, but these defenses must be reviewed as applicable to individual cases.

An assault charge can be a very serious legal matter and depending upon the specific charge can result in significant incarceration if the individual is found guilty. Criminal defendants have the right to seek their own legal counsel as they prepare for their trials and may put forth defense strategies to protect themselves from the consequences of the criminal justice system.



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