Assault and Battery in Michigan: Everything You Must Know

Assault and Battery in Michigan: Everything You Must Know

In Michigan, assault and battery are two distinct, but connected crimes. An intentional unlawful act that makes another person fear for their safety is what we call an assault. On the other hand, battery refers to the actual physical harm or injury done to another individual. When you hear the words assault and battery, it means these offenses were committed together.

Assault and Battery in Michigan

Assault and battery come in a variety of forms in Michigan assault law. If a person attempts to or actually causes physical harm to another person in Michigan, they may be prosecuted with an assault and battery charge. A person may be charged with a misdemeanor or a felony for assault and battery, depending on how terrible the behavior was and whether there were any aggravating circumstances.

It is crucial to contact an experienced criminal defense lawyer as soon as possible if you are accused of assault and battery. A felony assault attorney can work to develop a solid defense for you, as well as assist you in understanding your rights and options. Your choice of lawyer can make or ruin your case. Finding a felony assault attorney you can trust and feel at ease dealing with is very important at this stage.

Your attorney–client relationship could be your savior in assault and battery cases because it enables your lawyer to represent your interests in court by offering legal counsel, assistance, and advocacy.

Aggravated Assault

Even when aggravated assault in Michigan is a misdemeanor offense, police officers and prosecutors will try to ramp up your accusations so that you are found guilty of a felony crime, hence more prison time for you.

A person convicted of aggravated assault in Michigan faces a misdemeanor punishable by up to a year in jail or a fine of up to $1,000, or both. You can also be required to pay restitution and then be put on probation for up to two years.

Felonious Assault in Michigan

Without intending to kill or cause serious bodily harm less than murder, a person who assaults another person with a gun or any other dangerous weapon is guilty of a felonious assault punishable by up to four years in prison, up to $2,000 in fines, or both.

Using a dangerous weapon while committing a felony is prohibited under Michigan law.

Any device, item, or substance that, when used as intended or in a way that a reasonable person would know is likely to do so, may result in death or serious damage is referred to as a dangerous weapon. Guns, knives, and other pointed things are included in this, as are everyday objects like frying pans and baseball bats that can be used as weapons.

Assault with Intent To Do Great Bodily Harm Less than Murder

It is a felony in Michigan to assault someone with the intention of causing great bodily harm. This could be by strangulation and suffocation.

The result of your felony conviction could be a fine of up to $5,000 and/or imprisonment for up to 10 years.

However, simple assault is different to more serious forms of assault, such as aggravated assault or assault with intent to do great bodily harm.

Domestic Assault in Michigan

Domestic violence assault is the kind of battery assault that happens between individuals who are in a domestic arrangement. These could be spouses, former spouses, people who live together, or people who have a child in common. A domestic violence assault is a misdemeanor punishable by a maximum of 93 days in jail, a maximum fine of $500, or both.

Depending on the specifics of your case and the extent of the alleged victim’s injuries, domestic assault may be charged as a misdemeanor or a felony.

According to Michigan assault law, you can be prosecuted if you engage in domestic violence. For example, you will be charged if you intentionally or recklessly cause harm to a family member or if you act in a way that makes them reasonably think they will suffer physical injury in the near future. If it’s your first offense, domestic violence carries a maximum sentence of 93 days in jail and a fine of up to $500. Then for subsequent offenses, the maximum sentence increases to one year in jail and a fine of up to $1,000.

Domestic violence can become a felony punishable by up to five years in prison and a fine of up to $5,000 if the accused victim has suffered serious or aggravated injuries. A domestic assault conviction may also result in counseling or treatment requirements, a restraining order or other protective measures to safeguard the safety of the claimed victim, and other penalties.

Charges of domestic assault can result in serious repercussions, such as jail time, fines, and a criminal record.

Aggravated Domestic Assault

Aggravated domestic assault is a form of assault that happens between people who are in a domestic relationship and involves the use of a hazardous weapon or the intent to cause serious or aggravated injury. This type of attack can be extremely serious.

This kind of crime carries a sentence of up to two years in prison and has substantial repercussions for both the offender and the victim.

Plea Bargain in Assault and Battery in Michigan

In some battery assault circumstances, you might be able to arrange a plea bargain. This is where you consent to admit guilt to a less serious crime in exchange for a shorter prison term.

A plea bargain enables defendants to escape the uncertainty and risk of a trial, making them an effective strategy for resolving criminal cases.

These deals are not always available or wise, so it is crucial to thoroughly analyze the conditions of any plea agreement before accepting it. Sometimes it is better to let the case go to trial when you know you have a good case.

Burden of Proof in Assault and Battery Cases

In a criminal trial, the burden of proof rests with the prosecution. The prosecution must establish your guilt beyond reasonable doubt. You might be able to avoid criminal conviction if you can create reasonable doubt about your guilt in the minds of the jury.

If you are found guilty of assault and battery under Michigan assault law, you can be sentenced to jail time, anger management or drug rehab, and reparations to the victim.

Sentencing in Assault and Battery Cases in Michigan

In order to make up for whatever losses or damages the victim incurred as a result of the offense, you could pay restitution to the victim. If the court decides that these programs are important for the defendant’s rehabilitation, it may order anger management and drug rehab.

In Michigan, jail time is a common sentence for assault and battery offenses. The duration of the sentence is determined by the gravity of the conduct and the existence of any aggravating circumstances, like previous convictions.

Please remember that you are innocent until proven guilty and that you have the right to defend yourself against accusations of assault and battery. You might be able to avoid criminal conviction if you can show there is reasonable doubt. Your felony assault defense lawyer can assist you in understanding your options and also develop a solid defense on your behalf. This further shows the importance of a good attorney–client relationship.

Except in cases of domestic violence and against specific victims, such as police officers or emergency medical workers, simple assault or battery committed without the use of a hazardous weapon is a misdemeanor. Serious injury caused by assault and battery qualifies as aggravated assault and battery, which carries a longer prison sentence but is still a misdemeanor.

Defenses to Assault and Battery in Michigan

You will have the chance to submit a defense to the allegations against you if a plea agreement cannot be reached or if you want to proceed to trial. This could include making an argument in court, summoning witnesses, and providing evidence to refute the prosecution’s case.

In Michigan assault law, there are many defenses to allegations of assault and battery.

Self-Defense in Assault and Battery

Self-defense is one line of defense that you may have if you acted to protect someone else or yourself from an imminent threat of harm or impending violence.

If you want to succeed with this defense, you have to prove that you had a reasonable belief that you or another person was in immediate danger of harm and that the use of force was required to defend against that threat.

You must also show that the level of force you employed was reasonable in the given situation.

Defense of Others

The defense of others is a possible defense against assault and battery charges if you were acting to keep another person safe. If you reasonably believed the person you were defending was in danger of harm and the use of force was required to protect them from that danger, you may use this defense.

You must prove that the amount of force you employed was justified in the circumstances.

The Defense of Consent in Assault and Battery

Consent is the third defense to charges of assault and battery. If the accused victim agreed to the actions that led to the allegations, this defense can be admissible. You might be able to use the defense of consent in situations like if the alleged victim consented to participate in a sports activity that led to injuries or a consenting fight.

You must establish that the alleged victim was aware of the hazards associated with the conduct and willingly accepted those risks in order to successfully use this defense.

You must provide supporting evidence for each of these defenses to use them. This could involve the testimony of witnesses, tangible proof, or expert opinion.

Depending on your specific case, the legal requirements for various defenses may change. So it is crucial to consult a defense lawyer with experience to help you understand your options. This will help you come up with the best possible defense when you are facing an assault and battery charge.

Other Defenses in Assault and Battery in Michigan

You can weaken the prosecution’s case by bringing up other legal or factual issues to strengthen the defenses we just talked about. You might be able to claim, for instance, that the prosecution has not satisfied its burden of proof. Or that the evidence used against you was unfairly or illegally obtained. An example is when you are tortured by the police in order to give a confession.

Your lawyer can find these loopholes and properly present them to the court.

Hire Blank Law, PC

We know that being accused of any crime is never easy. However, with the assistance of a knowledgeable defense lawyer, you may be able to reduce the negative effects on your life and defend your legal rights.

Do not hesitate to contact Attorney Nicole Blank Becker and her legal team at Blank Law, PC for help if you are facing assault and battery charges in Michigan. Do not let your life get ruined with a criminal record, including a sentence of several years in prison. Contact us now for a Michigan criminal defense attorney free consultation.