Law Office of Kevin Bessant & Associates

Assault Charge in Michigan: Types, Penalties and Defenses

An assault charge in Michigan ranges from a 93-day misdemeanor to a felony punishable by up to 10 years or even life in prison, depending on whether a weapon was used, how serious the injury was, and what the prosecutor says you intended. Use this guide to see which charge you are facing, what it can cost you, and how it can be defended.

Reviewed by Attorney Kevin Bessant, Law Office of Kevin Bessant & Associates. Last reviewed October 2026.

Facing an assault charge in Michigan? Call 313-658-8159 now for a free consultation with Attorney Kevin Bessant.

Michigan assault charges at a glance

Charge Statute Maximum penalty Guide
Simple assault or battery MCL 750.81 93 days in jail, $500 fine Assault vs. battery
Aggravated assault MCL 750.81a 1 year in jail, $1,000 fine Aggravated assault
Felonious assault (dangerous weapon) MCL 750.82 4 years in prison, $2,000 fine Felonious assault
Assault with intent to do great bodily harm MCL 750.84 10 years in prison Intent to do great bodily harm
Assault with intent to murder MCL 750.83 Life in prison Felony assault defense

What counts as an assault charge in Michigan?

Assault is an attempt or threat to cause physical harm to another person, with the apparent ability to carry it out. You can be charged without touching anyone. Battery is the actual, unconsented touching. Prosecutors often charge them together as assault and battery. Read the full breakdown in what is considered assault in Michigan and the difference between assault and battery.

Misdemeanor or felony: what decides the charge?

Prosecutors weigh four things: the severity of the injury, whether a weapon was used or threatened, your alleged intent, and your prior record. The same fight can be charged as a 93-day misdemeanor or a multi-year felony depending on how those facts are framed, and that framing is often where a defense lawyer can make the biggest difference. See misdemeanor vs. felony assault in Michigan.

The main assault charges explained

Simple assault and battery

A misdemeanor under MCL 750.81 with up to 93 days in jail and a $500 fine, usually with probation, counseling or community service. It still creates a criminal record that can affect work and housing.

Aggravated assault

Assault without a weapon that causes serious or aggravated injury, charged under MCL 750.81a as a misdemeanor with up to 1 year in jail and a $1,000 fine. Read what aggravated assault means in Michigan.

Felonious assault

Assault with a gun, knife or other dangerous weapon is a felony under MCL 750.82 with up to 4 years in prison. Whether an object is a dangerous weapon depends on how it was used. Start with felonious assault penalties and defenses, then see what counts as felonious assault, assault with a deadly weapon, what qualifies as a dangerous weapon and whether the alleged victim can drop the charges.

Assault with intent to do great bodily harm

A more severe felony under MCL 750.84 with up to 10 years in prison, where the prosecution claims you meant to cause serious injury. Intent is the contested issue. See assault with intent to do great bodily harm.

Related violent charges

Assault allegations often come with other charges: domestic violence, armed robbery, robbery by force or fear, stalking, PPO violation and resisting and obstructing police.

How an assault charge can be defended

  • Self-defense or defense of others. Michigan’s Self-Defense Act, MCL 780.972, allows reasonable force against imminent harm. See when you can legally use force.
  • Lack of intent. Accidental contact or a misread gesture may not meet the legal standard.
  • False or exaggerated accusations. Personal conflicts and misunderstandings drive many charges.
  • Insufficient evidence. The prosecution carries the burden of proof, and weak witness statements or missing footage can end a case.
  • Consent in limited situations, such as mutual combat.

For a domestic case, see what to do if arrested for domestic assault and battery and the best defense to a domestic violence assault charge.

What to do right after an assault arrest

  • Do not discuss the facts with police, the alleged victim or on social media.
  • Follow every bond and no-contact condition exactly.
  • Write down your account, witnesses and any video while memories are fresh.
  • Call a criminal defense lawyer before your arraignment or first hearing.

Frequently asked questions

What is the penalty for an assault charge in Michigan?

It depends on the charge. Simple assault or battery carries up to 93 days in jail and a $500 fine, aggravated assault up to 1 year and $1,000, felonious assault up to 4 years, and assault with intent to do great bodily harm up to 10 years.

Is assault a felony or a misdemeanor in Michigan?

Either. Simple and aggravated assault are misdemeanors. Assault becomes a felony when it involves a dangerous weapon or intent to cause great bodily harm.

Can I be charged with assault without touching someone?

Yes. A threat or attempt to cause harm, with the apparent ability to carry it out, can be assault even without contact.

Can an assault charge be dismissed or reduced?

Sometimes. Depending on the facts, a lawyer may challenge the evidence, assert self-defense, or negotiate a reduction from a felony to a misdemeanor. No lawyer can promise an outcome.

Talk to a Michigan assault defense lawyer

Attorney Kevin Bessant defends assault charges in Detroit, Eastpointe and Southfield and in courts across Wayne, Oakland, Macomb and the surrounding counties. Call 313-658-8159 for a free consultation or use the online consultation request. See our assault and battery practice page and the areas we serve, including offices in Detroit, Eastpointe and Southfield.

Legal Authority

Michigan’s assault statutes are codified at MCL 750.81 (assault and battery), 750.81a (aggravated assault), 750.82 (felonious assault), 750.83 (assault with intent to murder) and 750.84 (assault with intent to do great bodily harm), with the Self-Defense Act at MCL 780.972. See the Michigan Legislature’s MCL database.

Law Office of Kevin Bessant & Associates