can I use migration assistant yo go from intel mac to M1 mac

Yes, processor brand makes no difference.

Yes. Use Time machine backup from your Intel Mac and when setting up your new M1 Mac migrate the data over.

The only gotcha is that if you have Intel-only applications, they will transfer OK, but not work on the new computer.

I did just this and had no issues, though I did not transfer applications.

It actually depends on how old your Intel Mac is. From my 2010 MacPro to my M1 MacBook Pro, no problem. From my mom's 2008 MacPro to her M1 MacBook Pro, didn't work, and had to transfer everything manually. Her MBP didn't even recognize the Time Machine backup from her old Mac.