Many people think of assault as a minor offense or a misdemeanor. But Michigan law can raise that charge to a felony based on intent, tools used and what happened. This is why knowing this difference can help you see how serious your situation may be.
Assault charges ranges from misdemeanors to felonies
To start, Michigan law groups assault charges in different ways. A simple assault with no weapons or serious injury is usually a misdemeanor. But certain factors can push that charge into felony territory, where penalties get far more serious.
Five situations that can turn assault into a felony
Several factors under Michigan law can raise a simple assault charge to a felony. Here are five situations where that can happen:
- Use of a dangerous weapon: Using a gun, knife, club or any other tool that can lead to serious injury raises the charge to felonious assault under the law, carrying up to 4 years in prison.
- Intent to cause serious physical injury: Attacking someone with clear intent to cause serious harm raises the charge to a felony under state law, where you can face a prison term of as many as 10 years.
- Intentionally cutting off another person’s ability to breathe: Blocking someone’s airway or cutting off blood flow raises the assault to a felony under Michigan law, even if no visible injuries occur.
- Repeat domestic violence: A third domestic assault conviction under state law shifts from a misdemeanor to a felony carrying up to 5 years in prison.
- The intent to take another person’s life: Attacking someone with the purpose to kill is a high-level felony charge carrying a life sentence.
That said, one of these charges carries specific legal definitions under Michigan law that are worth knowing in detail.
How Michigan law defines strangulation
Intentionally cutting off another person’s ability to breathe stands out because many people do not fully understand how Michigan law defines it. The law identifies three specific actions that count as this type of assault:
- Applying pressure to the neck or throat area of another individual
- Covering the nose or mouth of another individual
- Stopping normal breathing or blood flow
Even without visible injuries, prosecutors can still push for a felony charge based on these actions alone. Because Michigan views assault in many ways based on the facts of each case, knowing how these details apply to your situation is key.
Know your rights when facing assault charges
Because Michigan law covers assault in many forms, these charges are rarely simple. The facts of your case, what happened during the incident and the laws that apply can all shape the outcome in ways that are hard to handle alone. Each case is different and the details matter more than you might think. This is why taking the time to fully understand the charges against you and how Michigan law applies to your case can make a real difference in how you move forward.