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Assault and battery are some of the most common criminal offenses in Michigan. Assault can have a few different meanings. Assault is an attempt to cause injury to another person using your body or an external object or an intentional unlawful act or threat to cause harm. If you appear to have the ability to carry out both the threat and/or the action, and the person you are making those threats against fears violence that appears imminent—or about to happen—you have committed an assault.
Battery occurs when you intentionally inflict violence or force against another person. These laws are discussed together because Michigan law considers battery as the successful commission of a violent act to threaten or attempt to cause contact with another person. These offenses come with potential penalties, which could result in you spending time behind bars, paying a fine, or both. This article will discuss assault and battery, their penalties, and what to do if you are charged with assault and battery in Michigan.
Skilled Michigan Criminal Defense Representation
If you have ever been arrested for or charged with a crime, you know that the process can be complicated, scary, and life-changing, no matter the charge. When facing these charges, it is essential that you do not face them alone. In these circumstances, the prosecution’s job is to secure your conviction and obtain a guilty plea and will ignore your constitutional rights. To ensure that your rights and interests are protected, it is crucial that you hire an experienced criminal defense attorney. A skilled defense attorney can ensure that you put on the best defense and that the court respects your rights and interests. George Law criminal defense attorneys understand what is at stake in your criminal defense case and are ready to represent you. To learn more or schedule your free initial case consultation, call 248-278-7652 or visit our website today.
Assault
As discussed above, assault is an attempt to cause injury or threaten injury against another person using your body or an external object. Consider, for example, that you are outside of a restaurant, standing in line waiting to go inside. While there, another person in line starts talking about a subject you strongly oppose. For some time, you remain quiet and do not say or do anything. However, the other person continues to talk about that issue, and you see red. You turn around and throw your fists at the person and scream that you are going to beat them to a pulp right now if they do not stop talking.
Here, you have likely committed assault. You have threatened to harm another person, and that harm was imminent, meaning that the harm you threatened was about to occur, and the other person would have believed that the injury was about to happen. However, for your acts to be an assault, the threat must be for imminent harm, not some harm that only might occur or that you threaten to perform in the future. To commit an assault, you do not have to cause any physical harm. You do not even need to touch another person to commit that assault.
Michigan Strangulation Lawyer – MCL 750.84
Assault And Battery
Michigan law defines battery as forceful, violent, or offensive touching or contact of another person. Battery is different from assault in that you actually touch or physically come in contact with another person. The contact must also be intentional and against the other person’s will. This means that for a contact to be a battery, you must have intended to achieve contact with that person, and the other person did not consent to the touching.
Even if that contact is seemingly innocent, you have committed battery if you intend to make contact and the contact is offensive. For example, you are walking down the street and see someone holding a sign, protesting. You disagree with the protestors’ message and decide that you are going to punch one of the people in the group. Once you have physically made contact by punching the protestor, you have committed a battery.
Assault and battery crimes are often referred to as “assault and battery” because Michigan law views battery as the completion of a violent act that results in offensive contact.
Penalties For Assault And Battery In Michigan
Assault / Assault And Battery
If convicted, you face:
- Up to 93 days in jail, a fine of up to $500 or both
- Two years of probation
- Restitution (monetary reimbursement to the victim for costs associated with the crime)
Aggravated Assault Or Assault And Battery
Aggravated assault or assault and battery occurs when another factor or factor is present, increasing penalties for the offense. For example, if serious injury results or you have been convicted of a similar charge before, you may be subject to heightened penalties. Penalties for aggravated assault or assault and battery include:
- Restitution
- Up to a year in prison, a fine of up to $1,000 or both
- Up to two years probation
Hiring A Michigan Criminal Defense Attorney
The criminal justice system can be daunting. Regardless of the charge, knowing what to do or who to trust is difficult. When you need skilled criminal defense representation, contact George Law criminal defense attorneys. To learn more or schedule your free initial case consultation, call 248-278-7652 or visit our website today.