- January 05, 2026
- Violent Crime
When most people hear the word “assault,” they think of a fight or some other kind of physical contact. Many people are surprised to find out they can be charged with assault even if they never laid a hand on someone else.
So, what qualifies as assault—and how do you defend yourself against these accusations?
Michigan’s Legal Definition of Assault
Unlike some states, Michigan law differentiates between assault and “assault and battery.” Assault and battery involve unwanted physical contact. In contrast, assault itself is about threatening behavior. There are two main ways assault can happen:
- An attempt to commit a battery
- An act that causes someone to reasonably fear they’re about to be hurt
For example, raising your fist like you’re about to punch someone is enough, as long as the other person reasonably thinks you will follow through. It doesn’t matter whether you punch them or even intend to punch them.
Everyday Situations That Can Lead to Assault Charges
You might be surprised at how everyday conflicts can turn into criminal cases. Here’s some behavior that can lead to assault charges, even without contact:
- Getting in someone’s face during an argument and moving as if you’re about to strike them
- Swinging an object, like a beer bottle or a tool, in a threatening way
- Brandishing a weapon like a gun or knife, whether or not you use it
The key is whether your actions made another person reasonably fear an immediate attack. Your intent to follow through (or not) doesn’t matter. What matters is how the other person perceived your actions.
When Intent Affects Your Case
Although it doesn’t matter whether you intended to hurt someone, Michigan law requires that the actual act be intentional. Accidentally bumping into someone or making a clumsy movement isn’t assault—but if you intentionally do something to scare or threaten someone, that’s assault. Juries often have to decide whether the actions look like an accident or an intentional threat.
Assault vs. Aggravated Assault
Not all assault charges are equal. A simple assault (without injury) is usually a misdemeanor. These crimes carry up to 93 days in jail and fines. However, if the alleged victim suffers a serious injury, the charge becomes aggravated assault. Aggravated assault is a misdemeanor, too, but with a penalty of up to one year in jail and higher fines.
If a weapon is involved, the punishments are harsher. Felonious assault is when someone assaults another person with a dangerous weapon without intending to kill them. A conviction carries up to four years in prison and fines up to $4,000.
Defenses to Assault Charges
Defending an assault charge usually involves disputing the prosecution’s version of what happened. Some common defenses include:
- Lack of required intent: Your lawyer might argue that you didn’t intend to scare or threaten anyone. For example, in a crowded bar, you might have raised your hand to flag down a bartender, but someone might have mistaken it for a threatening gesture.
- Lack of reasonable fear: This defense argues that the other person’s reaction wasn’t reasonable under the circumstances. For instance, imagine a traffic dispute where you angrily wave your arms but drive away.
- Self-defense: In some cases, assault is justified. Self-defense means you acted to protect yourself or someone else from harm. This might happen during a domestic argument. Suppose the other person gets in your face and you raise your hand defensively. Even if they claim you threatened them, your action may be justified.
Misunderstandings, heightened emotions, and defensive actions can be misread as threats. Highlighting that in court can make the difference between a conviction and a dismissal.
Call the Law Office of John Freeman for Experienced Assault Defense
If you’re facing an assault charge in Michigan, the Law Office of John Freeman has more than 30 years of experience in both state and federal criminal law. Contact us today to start building your defense.