WHAT IS ASSAULT AND BATTERY?
In the State of Michigan, Assault and Battery are actually two different and separate crimes. As defined by Michigan Law, assault is an attempt or threat to cause actual physical harm or injury to another person. An assault becomes battery, when unconsented contact is made with another person. A batter is a forceful, violent or offensive touching of the person or something closely connected with the person of another. The sentence for a conviction can range from a misdemeanor and a short term of incarceration to multiple felonies and life in prison. Our defense team has many years of experience defending individuals charged with assault and battery. It is imperative to have an experienced legal team fighting for you and your rights.
SIMPLE ASSAULT AND BATTERY
Michigan Compiled Law § 750.81 states that: a person who assaults or batters an individual, if not other punishment is prescribed by law, is guilty of a misdemeanor punishable by:
- Up to 93 days incarceration
- Up to $500.00 in fines
- Possible probation
Simple assault and battery in Michigan is the lowest form of assault and battery charges. Generally, when the accused person is charged with simple assault and battery, the alleged victim has minimal or no visible injuries at all. Nevertheless, in Michigan a person can still be charged with assault and battery even if no injuries exist.
Sentence Enhancements for Simple Assault and Battery in Michigan:
Michigan Compiled Laws § 750.81(4) states: an individual who has previously been convicted of a prior assault and battery as prescribed in subsection (2) and (3) and is convicted of a second assault and battery is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
Michigan Compiled Laws § 750.81(5) states: an individual who has two previous convictions of assault and battery as prescribed in subsection (2) and (3) and is convicted of a third assault and battery is guilty of a felony, punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.
Michigan Complied Law § 750.81a defines aggravated assault as an assault and battery of an individual:
- without a weapon and;
- inflicts serious or aggravated injury upon that individual;
- without intending to commit murder or to inflict great bodily harm less than murder
Aggravated assault is a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
Sentence Enhancements for Aggravated Assault in Michigan
Michigan Compiled Laws § 750.81a(3) states: an individual who commits an assault and battery in violation of subsection (2), who has one or more previous convictions, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.
ASSAULT BY STRANGULATION OR SUFFOCATION
Michigan Compiled Laws § 750.84 defines assault by strangulation or suffocation in subsection (2) of the statute as intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck by blocking the nose or mouth of another person. To prove this charge of assault by strangulation or suffocation the prosecutor must prove, beyond a reasonable doubt, the following elements:
- That the accused committed a battery (forceful, violent, or offensive touching of another person or something closely connected with that person) on the complainant.
- That the touching must have been intended by the accused, that is, not accidental, and it must have been against the complainant’s will. (It does not matter whether or not the battery caused injury.)
- The battery was committed by strangulation or suffocation.
Assault by strangulation or suffocation is a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both.
CONTACT A MICHIGAN ASSAULT AND BATTERY DEFENSE ATTORNEY
Assault and battery of any type is a serious criminal charge. You deserve an experienced defense team that will review all evidence and determine the best course of action. We effectively advocate for our clients at each step of the judicial process.
The prosecution has the burden of proving the elements of assault and battery, beyond a reasonable doubt. Specifically, the prosecution must prove that you either attempted to commit a battery on the complainant or did an act that would cause a reasonable person to fear or apprehend an immediate battery. Next, the prosecution must prove that you intended either to commit a battery upon the complainant or to make the complainant reasonable fear an immediate battery. Our experienced legal team will review the facts of your case, and could potentially cast doubt on the prosecution’s version of events.
If you or someone you know has been accused of assault and battery, you need to take action and give yourself the best opportunity to fight the charges. Our team takes a proactive approach in confronting the charges against our clients. At Bloomfield Law Group we offer free consultations. Call us today for an assessment of your case.