Assault & Battery Defense
Aggressive Defense Against Assault and Battery Charges
OWI and DUI cases in Michigan are not routine traffic matters—they are highly technical criminal prosecutions built on assumptions, flawed testing, and officer discretion. Prosecutors rely on juries believing that breath machines are infallible and that police observations are unquestionable. Neither is true.
At Mumen Barlaskar Law Firm PLLC, we do not accept the prosecution’s version of events. We dismantle it. Assault cases are highly fact-sensitive, credibility-driven, and vulnerable to aggressive defense when handled early and correctly.
We defend clients charged with assault and battery in district and circuit courts across Southeast Michigan, including Wayne, Oakland, and Macomb counties.
Understanding Assault and Battery Under Michigan Law
Most OWI cases begin with a traffic stop—often justified after the fact. Officers then rely on subjective observations to escalate the encounter into a drunk driving arrest.
Common assault-related charges include:
- Simple assault and battery (misdemeanor)
- Aggravated assault (alleged serious injury)
- Felonious assault (assault with a dangerous weapon)
Many cases proceed without independent witnesses, medical confirmation, or reliable physical evidence.
How Assault Charges Are Actually Built
Police reports in assault cases are often written:
- After the fact
- Based on one-sided accusations
- Without interviewing all witnesses
- With assumptions substituted for evidence
Prosecutors then rely on:
- Emotional testimony
- Minimal or exaggerated injuries
- Officer opinions
- Prior relationship history to imply guilt
Our job is to expose what is missing, distorted, or outright false.
Penalties and Exposure for Assault & Battery Convictions
Depending on the charge level, penalties may include:
- Up to 93 days in jail (misdemeanor assault)
- Up to 1 year in jail (aggravated assault)
- Felony prison exposure for felonious assault
- Probation with restrictive conditions
- Fines and court costs
- Permanent criminal record
- Firearm restrictions
- Employment and housing consequences
- Serious immigration consequences for non-citizens
Oakland County courts are particularly punitive in assault cases involving alleged injuries or weapons.
Common Prosecutor Tactics in Assault Cases
Assault prosecutions rely on predictable pressure tactics:
- Overcharging to force plea deals
- Framing self-defense as aggression
- Ignoring contradictory witness accounts
- Treating allegations as facts
- Using photos of minor injuries to inflame juries
We respond with evidence, credibility attacks, and legal precision.
How We Defend Assault & Battery Cases
Every assault case is prepared as a trial-ready prosecution. Our defense strategies include:
- Establishing self-defense or defense of others
- Demonstrating mutual combat or lack of intent
- Challenging witness credibility and motives
- Analyzing body-cam and surveillance footage
- Exposing inconsistencies in statements
- Filing motions to suppress unlawful arrests
- Forcing prosecutors to prove every element
Weak cases collapse when aggressively litigated.
Self-Defense and Justification Under Michigan Law
Michigan law recognizes self-defense when the use of force is reasonably necessary to prevent harm. Police often dismiss valid self-defense claims at the time of arrest.
We present:
- Context the police ignored
- Evidence contradicting the arrest narrative
- Witness testimony supporting justification
Self-defense is not a slogan, it is a legally enforceable right.
Immigration Consequences of Assault Convictions
For non-U.S. citizens, assault convictions—especially those labeled “violent”—can result in:
- Deportation proceedings
- Inadmissibility
- Loss of lawful status
- Denial of citizenship
Defense strategy must be designed with immigration law in mind from day one.
What To Do If You Are Accused or Arrested for Assault
DO:
- Remain silent and demand an attorney
- Preserve evidence and witness information
- Follow all bond conditions strictly
DO NOT:
- Attempt to explain yourself to the police
- Contact the alleged victim
- Assume the case will resolve itself
- Accept a plea without understanding consequences
Assault & Battery – Frequently Asked Questions
Sometimes, but prosecutors often proceed anyway. Effective defense creates leverage.
Lack of injury significantly weakens the prosecution’s case.
Yes. Many cases are dismissed or reduced through aggressive motion practice.
Certain outcomes allow for future expungement. Early strategy matters.