Assault and Battery 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 a misdemeanor punishable by jail time and up to two years of probation.
Assault and Battery are Actually Two Separate Crimes
Although most people think of assault and battery in Michigan as one offense, they are actually two separate crimes. Simple assault does not require physical contact and a charge of assault and battery does require an offensive or forceful physical touching.
Assault is a threat or physical act that creates a reasonable apprehension of imminent harmful or offensive contact. Battery is the physical act that results in that harmful or offensive contact. You cannot assault someone who is sleeping, because they do not have the apprehension of imminent harmful or offensive contact. In fact, assault is a lesser 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 is punishable with up to 93 days in jail and/or $500 in fines, plus court costs.
If the assault and battery occurred between two people who live together or have a domestic relationship, a simple assault or battery will be charged as domestic violence. The penalty is still the possibility of 93 days in jail and/or $500 in fines, plus court costs.
It is also common for people to think that there has to be injury of some sort for the crime to have occurred. This is not the case. If there was an injury to a victim during an assault or an assault and battery, this changes the crime to a different offense called aggravated assault. This offense 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 there was a weapon used during an assault and battery, that offense will be charged as a felonious assault. This is a felony and there is a possible penalty of 4 years in prison. Depending on the nature and extent of an injury, the possible penalty can increase greatly.
Michigan Criminal Defense Attorney experienced in Assault and Battery Cases
If you are faced with an assault and battery case, felony or misdemeanor, it is important 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 the field of criminal law and able to guide you safely through the process. Please contact us at (248) 263-6800 for a free consultation or complete a Request for Assistance Form and one of our attorneys will promptly contact you.
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