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Assault and Battery are both described below.

Assault and battery crimes are misdemeanors.  They fall under MCL 750.81.

ASSAULT

An assault can be either:

  •  an attempt to cause physical injury to another person.
    • For example: attempting to strike someone with a hand or object. 
  • any intentional unlawful act or threat of action.
    • For example: raising a fist or brandishing a weapon. 

If the offender appears to have the ability to carry out the threat and the action reasonably causes a person to feel afraid of impending violence, the act is an assault.

BATTERY

A battery is: 

  • the intentional infliction of violence or force against another person.
    • For example: punching another person or hitting someone with an object.

PENALTY
ASSAULT AND BATTERY 

  • The Accused faces up to 93 days in jail, a fine up to $500, or both,
  • Probation up to two years, and
  • Restitution

 

DEFENSE
ASSAULT AND BATTERY 

The defenses available in assault and battery cases can vary widely depending on the facts and circumstances, mainly because such cases can range from the straight-forward to the extremely complex. However, operating under the assumption that the basic elements of an assault / battery exist in a case,  the following are some possible defenses to assault and battery charges: Self-Defense, defense of others, defense of property, or consent.

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