While I have not used his services directly, I have referred several clients. All have been very pleased with his services. He is talented, well-connected and caring. He gets great results.
Judy O'Neill
10/15/2018
While I have not used his services directly, I have referred several clients. All have been very pleased with his services. He is talented, well-connected and caring. He gets great results.
Outstanding attorney and legal team.
I cannot recommend Joe Simon enough! He began working to get my case dismissed immediately after I hired him. He kept me updated throughout the entire process, and he was dedicated to truly helping me!
One of the most frustrating situations I see in my practice is when someone facing an aggravated assault charge truly believed they were protecting themselves—or protecting someone else—yet their case still unravels. Why? Because self-defense claims in aggravated assault cases don’t just require you to say you acted in self-defense. They require you to prove you acted reasonably under the circumstances. And that reasonableness standard can be your biggest challenge.
Let me be direct: claiming self-defense is a double-edged sword. On one hand, Michigan law absolutely protects your right to defend yourself or others from imminent harm. On the other hand, once you claim self-defense in an aggravated assault case, you’re admitting that you committed the act—you’re just arguing it was justified. That puts you right in the spotlight, and the prosecution has a very specific roadmap for tearing that claim apart.
Here’s where things get tricky. In Michigan, self-defense requires that you used only the amount of force that was objectively reasonable to prevent harm. This isn’t about what you subjectively believed. It’s not about whether you felt threatened. The question is: would a reasonable person, standing in your shoes, have believed that force was necessary and proportionate?
In aggravated assault cases—which involve more serious injuries, weapons, or intent to cause serious bodily harm—courts scrutinize this reasonableness question intensely. If you threw a single punch and your alleged victim ended up with a broken jaw requiring surgery, a jury might question whether the force was truly proportional. If you used a weapon, you’d better have a compelling reason why non-deadly force wouldn’t have stopped the threat.
The prosecution will argue that you escalated unnecessarily, that you continued fighting after the threat passed, or that you used force against someone who was no longer an immediate threat. These arguments can completely dismantle an otherwise sympathetic self-defense story.
Over 35 years of defending aggravated assault cases, I’ve seen patterns emerge. People often harm their own cases by:
Continuing to use force after the threat ended. If you land several blows after your attacker has retreated or is clearly unable to fight back, you’ve lost the self-defense claim. Juries see that as revenge, not defense.
Using a weapon when your hands would have sufficed. In an aggravated assault case, weapon use has to be proportional to the threat. A gun for a fist fight? A knife for a push? That’s extremely difficult to justify as reasonable.
Failing to retreat or de-escalate. Michigan law doesn’t always require retreat, but showing you tried to avoid the confrontation strengthens your claim immensely.
Having a history of violence. Your credibility matters. If your history suggests aggression, juries will be skeptical that you were acting defensively.
Self-defense claims in aggravated assault cases require meticulous preparation. You need someone who can construct a narrative around reasonableness—one that addresses the prosecution’s evidence head-on while presenting a coherent picture of why your actions were necessary and proportional.
If you’re facing an aggravated assault charge and believe self-defense applies, don’t leave this to chance. At the Law Offices of Joseph A. Simon, PLLC, we’ve successfully defended thousands of cases. We know how to dissect what “reasonable” means in your specific circumstances and how to present that effectively to a jury.
Contact us for a confidential consultation. Your future depends on getting this right.
