The maximum punishment for assaultive offenses in Michigan is determined by our state law. The law takes into consideration the type of injury received by the victim, the severity of the injury, the intent of the perpetrator, the vulnerability of the victim, the employment position of the victim, and the presence of a weapon in the commission of the crime in its classification of the offense and penalty. There are some offenses that carry a mandatory minimum term of incarceration which also is determined by state law.
Sentencing for all assaultive and other felony offenses, and high court assaultive and other misdemeanor offenses that carry a maximum punishment of over 1 year in jail, are subject to the Michigan Sentence Guidelines. The Michigan Sentence Guidelines provide a range for the sentencing Judge to consider, which takes into consideration the Defendant’s prior history and characteristics of the sentencing offense. The sentencing Judge can only go above or below the Michigan Sentence Guidelines if he or she has a substantial and compelling reason to do so, taking into consideration the proportionality of the sentence the Judge intends to impose. However, for felony offenses, in no instance can the minimum sentence exceed two thirds of the maximum allowable sentence. The maximum sentence can also be affected for felony offenses by the Defendant’s prior felony record due to Michigan law involving the sentencing of habitual offenders.
The Michigan Sentence Guidelines, and habitual offender sentencing, does not apply to misdemeanor offenses with a maximum sentence of 1 year (when the offense cannot otherwise be enhanced. For example, a domestic violence first offense is not subject to habitual offender sentencing. A domestic violence 3rd offense is subject to habitual offender sentencing). For misdemeanor offenses of 1 year or less possible incarceration, the jail sentence is only limited by the maximum sentence imposed by law.
There are other possible consequences for a assaultive felony or an assaultive misdemeanor conviction, such as probation, fines and costs, restitution, sex offender registration (for sexually related offenses), counseling, anger management and/or domestic violence counseling, drug/alcohol rehabilitation, the inability to work in certain jobs or careers, parental rights, etc. Sometimes these additional consequences are discretionary with the Court, and sometimes the additional consequences are mandated by Michigan law.
When facing an assault related charge it is always advisable to immediately hire an experienced criminal defense attorney, such as the attorneys at Hilf & Hilf, PLC. An experienced criminal defense attorney can prepare the best possible defense to the assault related charge, and strive to achieve the best possible result. Indeed, the penalty and consequences for an assault offense can be severe. Based upon the nature of the allegation, the experienced criminal defense attorney can devise a plan of action, explain the different consequences, and navigate you to the best possible result – through trial or otherwise.
Below is a listing of different assault charges, and the maximum allowable punishment for the underlying charge:
Life maximum assault offenses
1st Degree Murder – also known as premeditated murder. Upon conviction, it carries a mandatory penalty of life in prison without the possibility of parole.
Felony Murder– A homicide that occurs in the commission of a felony offense carries a mandatory penalty of life in prison without the possibility of parole.
Second Degree Murder– Murder that occurs without premeditation and deliberation, and not in the commission of another felony. This carries a maximum penalty of life in prison in which parole is a possibility.
Assault with the Intent to Murder- MCL 750.83
Attempted Murder- MCL 750.91
Armed Robbery- MCL 750.529 - A robbery of an individual that occurs with a deadly weapon, or if a weapon is implied, carries a maximum penalty of life in prison. Upon conviction, the sentence carries a mandatory sentence with the Michigan Department of Corrections.
Assault with the Intent to Rob while Armed- MCL 750.89
Criminal Sexual Conduct 1st Degree- MCL 750.520b
15 year maximum assault offenses
Unarmed Robbery- MCL 750.530
Assault with the Intent to Rob while Unarmed
Assault against a Pregnant Woman causing Death/Stillborn to the Fetus- MCL 750.90b
Child Abuse 1st Degree- MCL 750.136b
Criminal Sexual Conduct 2nd Degree- MCL 750.520c
Criminal Sexual Conduct 3rd Degree- MCL 750.520d - this offense carries a mandatory minimum sentence with the Michigan Department of Corrections.
10 year maximum assault offenses
Assault with Intent to Maim- MCL 750.86
Assault with the Intent to Cause Great Bodily Harm- MCL 750.84 - this offense is also known as Assault GBH
Assault against a Pregnant Woman causing Great Bodily Harm to the Fetus- MCL 750.90b
Assault with Intent to Commit a Felony- MCL 750.87
Assault against Certain Officials causing Serious Impairment
Assault with Intent to Penetrate- MCL 750.520g(1)
5 year maximum assault offenses
Assault with Intent to cause Sexual Contact- MCL 750.520g(2)
Assault and Battery against an FIA employee causing Serious Impairment
Assault and Battery against a Utility worker causing Serious Impairment
4 year maximum assault offenses
Felonious Assault- MCL 750.82 - This offense is also known as assault with a dangerous weapon, and assault with a deadly weapon.
Child Abuse 2nd Degree
2 year maximum assault offenses
Resisting and Obstructing a Police Officer
Domestic Violence third or subsequent offense– A domestic violence misdemeanor assault can become a felony based upon the Defendant’s prior record.
Aggravated domestic violence second or subsequent offense
Assault and Battery against an FIA employee
Assault and Battery against a Utility worker
Child Abuse 3rd Degree
1 year maximum assault offenses
93 day maximum assault offenses
Domestic Violence first offense - MCL 750.81a
Assault and Battery
90 day maximum assault offenses