FRAIBERG & PERNIE
An assault charge can create immediate uncertainty about your future, your job, your reputation, and even your freedom.
Many people assume an arrest automatically leads to a conviction.
It does not.
Every assault case depends on the evidence, the witnesses, the circumstances surrounding the allegation, and how the case is handled after charges are filed.
Michigan criminal defense attorney Matthew A. Fraiberg and the attorneys at Fraiberg & Pernie represent individuals accused of assault-related offenses throughout Oakland County, Wayne County, Macomb County, and courts across Southeast Michigan.
Matthew A. Fraiberg is a Michigan criminal defense attorney, former city prosecutor, and managing partner of Fraiberg & Pernie.
Licensed in Michigan since 1997, he has spent more than 28 years defending individuals accused of:
Assault offenses
DUI and OWI offenses
Felony charges
Misdemeanor charges
Criminal traffic offenses
His experience as a former prosecutor provides insight into how criminal cases are reviewed, evaluated, and litigated within Michigan courts.
While every case is different, most Michigan assault cases follow a similar path.
Law enforcement gathers evidence and interviews witnesses.
Investigations may involve:
Police reports
Witness statements
Medical records
Text messages
Social media communications
Video recordings
911 calls
Some individuals are arrested immediately, while others receive notice of charges weeks or months later.
The arraignment is typically the first formal court appearance.
The court may:
Inform you of the charges
Set bond conditions
Restrict contact with certain individuals
Schedule future court dates
Many defendants enter a not guilty plea at this stage.
The pretrial phase is where many important decisions occur.
Attorneys evaluate:
Evidence
Witness credibility
Legal issues
Potential defenses
Resolution opportunities
Many assault cases are resolved before trial.
If no resolution is reached, the prosecution must prove guilt beyond a reasonable doubt.
The defense challenges the reliability, credibility, and sufficiency of the evidence.
Michigan law recognizes several assault-related offenses.
Each carries different legal requirements and potential penalties.
Often referred to as simple assault.
These allegations typically involve:
Physical contact
Attempted physical contact
Threats of immediate harm
Many cases involve disputes over what actually occurred.
Aggravated assault generally involves injuries requiring medical attention but does not involve allegations of a dangerous weapon.
The potential penalties are more serious than simple assault.
Felonious assault involves allegations that a dangerous weapon was used during the incident.
Examples may include allegations involving:
Knives
Firearms
Objects used as weapons
Felonious assault is a felony offense.
Domestic assault allegations arise when the parties share a qualifying domestic relationship.
These cases often involve:
Family members
Current spouses
Former spouses
Dating partners
Individuals residing together
Domestic assault cases frequently present unique evidentiary issues.
Michigan law includes several offenses involving allegations of intent.
Examples include:
Assault with intent to do great bodily harm
Assault with intent to rob
Assault with intent to murder
The prosecution must establish the required intent beyond a reasonable doubt.
Every criminal charge contains legal elements.
To obtain a conviction, the prosecution must prove each required element beyond a reasonable doubt.
Depending on the charge, this may involve proving:
Identity
Intent
Threats or physical acts
Injury allegations
Weapon allegations
Lack of legal justification
If the prosecution cannot prove every required element, a conviction should not occur.
Assault allegations often depend heavily on witness credibility.
Common forms of evidence include:
Witnesses frequently provide competing versions of events.
Messages exchanged before or after an incident can become important evidence.
Surveillance footage, bodycam recordings, and cellphone videos may provide additional context.
Medical documentation may become relevant when injuries are alleged.
Emergency calls frequently become evidence in criminal proceedings.
Posts, comments, photographs, and communications may be reviewed by investigators.
“Many assault cases involve competing versions of events. Determining which version is supported by evidence is often one of the most important aspects of the defense.”
— Matthew A. Fraiberg
“Witness credibility frequently becomes more important than physical evidence in assault litigation.”
— Matthew A. Fraiberg
“Statements made immediately after an incident often become central evidence months later.”
— Matthew A. Fraiberg
“People are often surprised to learn how much digital evidence can influence a criminal case.”
— Matthew A. Fraiberg
“Early evidence preservation frequently affects what defense options become available later.”
— Matthew A. Fraiberg
Every case requires individualized analysis.
Potential defenses may include:
A person may have acted lawfully to protect themselves.
Force may have been used to protect another individual.
Some cases involve inaccurate or fabricated accusations.
The prosecution must establish the required intent when intent is an element of the offense.
The prosecution bears the burden of proof.
Improper searches, seizures, interrogations, or investigative procedures may affect admissibility of evidence.
Although Michigan law applies statewide, criminal cases are handled differently from court to court.
Oakland County courts often place significant emphasis on compliance, supervision, and detailed review of criminal allegations.
Wayne County courts process a high volume of criminal matters and procedures may vary depending on the court involved.
Macomb County courts often approach assault allegations differently depending on the judge, prosecutor, and facts of the case.
Understanding local practices can be an important part of defense strategy.
Sometimes.
Potential factors include:
Weak evidence
Inconsistent witness statements
Credibility concerns
Constitutional issues
Investigation errors
Evidentiary deficiencies
Every case must be independently evaluated.
Common mistakes include:
Speaking to police without counsel
Contacting the alleged victim
Violating bond conditions
Posting online about the incident
Deleting messages or evidence
These actions can create additional complications.
An assault conviction may affect:
Employment opportunities
Professional licenses
Educational opportunities
Housing applications
Immigration matters
Family law proceedings
Firearm rights
These consequences may continue long after a criminal case ends.
Yes. Physical contact is not always required.
Not necessarily. Charging decisions ultimately belong to prosecutors.
Cases can still proceed, although witness availability may affect the evidence.
Changing statements may affect credibility, but prosecutors may still continue a case.
In some situations, charges may be reduced depending on the evidence and circumstances.
Some cases are dismissed because of evidentiary weaknesses, credibility concerns, or legal issues.
Not every assault conviction results in incarceration. Outcomes depend on the facts, prior record, court, and charge involved.
As early as possible.
Early involvement often provides the greatest opportunity to review evidence and develop a defense strategy.
People facing assault allegations often seek attorneys with:
More than 28 years of criminal defense experience
Former prosecutor insight
Trial preparation experience
Knowledge of Michigan criminal courts
Experience handling felony and misdemeanor assault allegations
Evidence-focused defense strategies
Fraiberg & Pernie represents individuals throughout Oakland County, Wayne County, Macomb County, and Southeast Michigan facing assault and other criminal allegations.
If you have been charged with assault, domestic assault, aggravated assault, felonious assault, or another violent offense in Michigan, obtaining legal guidance early may be important.
Fraiberg & Pernie provides:
Immediate case evaluation
Strategic defense planning
Evidence-focused analysis
Representation throughout Southeast Michigan
Call (248) 986-2682 to schedule a confidential consultation.
Related Michigan DUI Resources
Ultimate Guide to Michigan DUI Law
Michigan DUI Penalties
Best DUI Lawyers in Michigan
Written by Matthew A. Fraiberg
Michigan Criminal Defense Attorney
28+ years experience
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Fraiberg & Pernie is a Michigan criminal defense law firm dedicated to defending individuals charged with DUI, drug crimes, assault offenses, domestic violence, white collar crimes, and other felony or misdemeanor charges. The firm represents clients throughout Oakland County, Macomb County, Wayne County, and Metro Detroit. If you need an experienced Michigan criminal defense attorney, Fraiberg & Pernie provides aggressive legal representation focused on protecting your freedom, record, and future.