Being charged with assault and battery is a very serious matter. To put this in perspective, convictions carry penalties ranging from a Misdemeanor up to 1 year in jail, to a Felony punishable by 25 years to life! Even if you were acting in self-defense, without witnesses or video, you could potentially face penalties. As a result, it’s important to protect your rights and affirm your innocence.
As experienced lawyers for criminal defense, Kelly & Kelly can protect your future and present your case with proper facts/evidence to the prosecutor and judge.
Assault and Battery Difference
Although assault and battery are generally used together, each of these charges can exist independently from one another. Simply put, assault refers to an act which causes a victim to sustain physical harm while battery refers to the actual act which caused injury.
It’s important to note that physical contact does not have to occur for someone to be charged with assault. For instance, if someone lunges at another individual in a threatening manner the perpetrator could be charged with assault. On the other hand, battery charges require physical contact. When each of these elements are present, the individual can be charged with assault and battery.
Michigan Assault and Battery Charges
In Michigan, there are different classifications of assault and battery charges. The punishments and fines vary depending on the severity of the charges. There are also other factors such as prior convictions that may impact the severity of the punishment. Below is a list of various classifications, fines, and penalties for A&B charges obtained from Michigan Compiled Laws MCL 750.81.
Simple Assault and Battery Misdemeanor punishable by up to 93 days in jail and up to $500 in fines.
Aggravated Assault Misdemeanor punishable by up to one year in prison and up to $1,000 in fines.
Assault With a Dangerous Weapon (Felonious Assault) Felony with up to 4 years in prison and fines up to $2,000.
Assault with Intent to Maim Felony punishable by up to 10 years in prison and up to $5,000 in fines.
Assault with Intent to do Great Bodily Harm (less than murder) Felony and sentenced to up to 10 years in prison and $5,000 in fines.
Assault with Intent to Commit Murder Felony punishable up to life in prison.
Assault with Intent to Rob and Steal (Without a weapon) Felony punishable by up to 15 years in prison
Assault with Intent to Rob and Steal (With a weapon) Felony punishable by up to life in prison
Additional Michigan Assault Penalty Enhancements All assault cases can carry harsher sentences if the crime was “domestic”. If the victim was a spouse, ex-spouse, significant other, someone you share a child with, or roommate, there’s a risk of having the sentence increased.
In order to determine whether or not a person was acting in self-defense, the facts and circumstances of the incident must be taken into consideration. If you’re being charged with a violent crime in Michigan and you believe you acted in self-defense, it’s important to have experienced legal counsel representing your best interests.
“An individual who has not or is not engaged in the commission of a crime at the time he or she uses force other than deadly force may use force other than deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if he or she honestly and reasonably believes that the use of that force is necessary to defend himself or herself or another individual from the imminent unlawful use of force by another individual.” (Michigan Legislature, 2006)
Michigan Domestic Violence Crimes
Domestic Violence (DV) crimes in Michigan generally carry heavy penalties. It’s not uncommon for police to arrest a suspect when only hearing one side of the story. Furthermore, Prosecutors and Judges are quick in making decisions such as the enforcement of a “no contact order.” Whether you’re a victim of domestic violence, being wrongfully accused, the domestic violence lawyers at Kelly & Kelly are here to help ensure the Court hears both sides of the story and that legal rights are upheld for our clients.
Domestic Violence v.s Assault and Battery
Domestic Assault charges in Michigan have varying punishments ranging from a 93 day offense to a 5 year felony. The Michigan Legislature differentiates between a general assault and battery charge and domestic violence by determining whether or not the individual’s are in a “dating relationship.” For example, according to the Michigan Legislature MCL 750.81(2),
“dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.” (Michigan Legislature, 2017)
What If The Assault Occurred After a “Break Up?”
Regardless of whether the assault occurred before or after a “break up,” if it’s determined that the individuals are/were in a “dating relationship,” the suspect can be charged with domestic violence in Michigan.
Aggravated Domestic Violence
Simply put, Aggravated Domestic Violence is when the victim suffers a serious injury. For instance, a serious injury may involve disfigurement, medical treatment, physical impairment, etc. If Aggravated Domestic Violence is proven, then the perpetrator is charged with a 5 year felony offense. If the perpetrator has a prior criminal record, this punishment may be extended.
Lawyer For Assault & Battery Charges
A&B charges are very serious in the State of Michigan. These charges can be serious even if someone was acting in self-defense. If there isn’t any video evidence and/or witnesses, it’s possible an individual may still face serious penalties. We have the knowledge and experience to present your case with proper facts/evidence to the prosecutor and judge.