Assault and Battery Charges and Defenses in Michigan
Assault and battery in Michigan is an offense that can be both criminal and civil. A civil case is a lawsuit over money. A criminal charge for assault and battery is a misdemeanor punishable by jail time and probation.
Assault and Battery are Two Separate Crimes
Although most people think of assault and battery in Michigan as one offense, they are two separate crimes. Simple assault does not require physical contact, and a charge of assault and battery requires offensive or forceful physical touching.
Assault is a threat or physical act that creates a reasonable apprehension of imminent harmful or offensive contact. A battery is a physical act that results in harmful or offensive contact. You cannot assault a sleeping person because they do not have the apprehension of imminent harmful or offensive contact. Assault is an included offense of battery, meaning that assault and battery merge, and a defendant may be punished for one but not both crimes.
Assault and Battery, Assault, and Battery are punishable with up to 93 days in jail and $500 in fines, plus court costs.
If the assault and battery occurred between two people living together or having a domestic relationship, a simple assault or battery would be charged as domestic violence. The penalty is still 93 days in jail and $500 in fines, plus court costs.
It is also common for people to think that an injury is required for the crime. An injury is not necessary for an Assault and Battery in Michigan. If there were an injury to a victim, the defendant would be charged with a more severe offense called Aggravated Assault. Aggravated Assault is a misdemeanor punishable with up to 1 year in jail. The “aggravation” is the injury. As previously stated, an assault and battery charge does require an injury or even physical contact.
Assault with a Weapon or a Serious Injury
If the assailant used a weapon during an assault and battery in Michigan, that offense would constitute a felonious assault. Felonious Assault is sometimes called Assault with a Dangerous Weapon. This crime is a felony, and there is a possible penalty of 4 years in prison. Depending on the nature and extent of an injury, the potential sentence can increase substantially.
Frequently Asked Questions
Is battery a felony in Michigan?
No, a battery charge is a misdemeanor unless there is an intent to kill or do great bodily harm or if there is a reckless indifference to life and a severe injury or death.
What is the penalty for simple assault in Michigan?
Simple assault, like assault and battery, is a 93-day misdemeanor.
What is the penalty for a first-time assault and battery charge?
The penalty for a first-time assault is up to 93 days. There are no automatic enhanced penalties for subsequent convictions; however, a judge is likely to consider prior convictions when fashioning a sentence.
What is the difference between assault and battery and domestic violence in Michigan?
The difference between assault and battery and domestic violence is the relationship between the defendant and the complainant (also known as the victim). The charge will be considered domestic if there is a familial, family, or other close relationship.
How long is jail time for assault?
The maximum jail time for assault is 93 days; however, there is no minimum jail sentence.
What is the most common punishment for assault?
The most common punishment is likely probation, but jail time is not uncommon. The circumstances behind the assault, whether there was an injury, the defendant’s prior record, and the skill of the defense lawyer play a role in determining the ultimate sentence.
Is battery better than assault?
No, battery carries the same potential sentence as assault and also assault and battery.
What is the sentence for assault and battery in Michigan?
The maximum sentence is up to 93 days and 2 years of probation. There is no specific sentence, and the judge determines the amount of jail and probation.
What is the difference between assault and battery in civil law?
The difference between assault and battery is the same in criminal and civil law. A battery is the unwanted, forceful touching of another person to harm, intimidate, or harass. Assault is either an attempted battery or an action intended to make another person fear an imminent battery.
Michigan Criminal Defense Attorney experienced in Assault and Battery Cases.
If you are accused of assault and battery case in Michigan, either a felony or misdemeanor, it is essential that you have expert representation to make sure that all your rights are protected, all possible defenses are investigated, and you have been given a level playing field before the court. The attorneys at LEWIS & DICKSTEIN, P.L.L.C. have decades of experience practicing nothing but criminal law and have an unparalleled track record of success. They are seasoned and experienced experts in criminal law and able to guide you safely through the process.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.