You have many potential defenses to Michigan assault charges, most of which involve showing that you didn’t injure or threaten someone. Another option is to argue that while you did threaten or injure someone, you only did so to defend yourself. If you’re going to claim self-defense in an assault case, make sure you work with an experienced Flint, MI, criminal defense attorney.
How Does Michigan Law Define Assault?
Under Michigan law, an assault happens when you try to hurt another person or make them fear they’re about to be injured. You don’t have to make physical contact—threatening them with violence or swinging and missing can count as an assault. If there’s physical contact, that’s usually considered battery, which often goes hand-in-hand with assault charges.
The Michigan Self-Defense Act
Understanding the Michigan Self-Defense Act is vital if you intend to argue you threatened or injured someone to defend yourself. This law says you can use non-deadly force to protect yourself as long as you weren’t committing a crime at the time and had a legal right to be where the incident happened.
To use this defense, you must show that you honestly and reasonably believed that force was necessary to stop someone from using imminent and unlawful force against you or another person. This belief must align with what a reasonable person would think in the same situation—not just your personal feelings.
Crucially, Michigan law says you don’t have to try to run away first before using force to defend yourself. If someone threatens you with violence and you’re in a place you have the right to be, you’re allowed to stand your ground and defend yourself—within reason. But if the force you used wasn’t necessary or went too far, the court may reject your self-defense claim.
Other Defense Strategies in Michigan Assault Cases
Arguing you acted in self-defense is not the only way to defend yourself against Michigan assault charges. Some other defense strategies to consider include:
- Lack of intent – Your lawyer can argue that you didn’t mean to hurt or threaten anyone. If the incident was an accident or a misunderstanding, it may not meet the legal definition of assault.
- False accusations – In some cases, people make up assault claims out of anger, revenge, or fear. Your attorney can look for inconsistencies in the other person’s story or find evidence contradicting their account.
- Alibi – If you weren’t at the scene when the alleged assault happened, showing proof of your whereabouts can help clear your name. Your lawyer might use witness statements, receipts, or video footage to demonstrate you weren’t at the location of the alleged assault.
Contact a Flint, MI, Assault Defense Attorney Now
If you’re facing assault charges in Flint or elsewhere in Michigan, Attorney Jodi L. Hemingway offers experienced and aggressive representation to protect your rights and future. Since graduating magna cum laude from Michigan State University College of Law in 2008, Attorney Hemingway has focused her practice on high-profile criminal matters, including assault cases. Her extensive experience within the Michigan criminal justice system gives her valuable insights into prosecutors’ strategies. She treats every client with empathy and respect throughout the legal process. Call The Law Office of Jodi L. Hemingway, PLLC, now or complete our contact form for a confidential consultation.
