You might think an assault and battery charge is not a big deal, but assault & battery charges can become felonies. If the victim says you caused an injury or the prosecutor claims you had meant to cause serious harm, then you might be facing multiple years in prison.
Prosecutors want to look like they are tough on crime, so sometimes they charge with the highest crime they can. The smart thing for you to do is hire a skilled assault & battery defense lawyer. At the Law Offices of Mais & Sible, Attorneys at Law, we investigate whether the charges should be reduced or dismissed. Our goal is to beat these charges or minimize the consequences of a conviction.
The Difference Between Assault vs. Battery
Assault is a Threat – To understand Michigan’s assault and battery charges, you have to know these are 2 different crimes. Assault is when your words or actions cause another person to reasonably fear for their safety. Assault is often threatening violence when it appears you could carry out your threats.
Battery is Physical Contact – Battery is physical contact between you and another person. You have to intentionally touch another person in a violent, forceful, or offensive way. You do not have to hurt anyone. The victim might be offended or angry but not have any physical injuries. If you followed through with your threat and punched the other person, then it is battery.
Assault & Battery Crimes & Charges
Simple Assault – Under Michigan Penal Code Section 750.81, simple assault and battery is a misdemeanor. You can face up to 93 days in jail and fines up to $500. 2nd & subsequent charges for simple assault can come with longer sentences and higher fines, particularly if the offense constitutes domestic violence.
Aggravated Assault & Battery – Under Section 750.81a, aggravated assault and battery is an assault and battery without a weapon that causes a severe injury. What is a severe or aggravated injury (see below)?
- Requires immediate medical attention
- Causes a disfigurement
- Causes a medical impairment
- Impairs a bodily function
Aggravated assault and battery is a misdemeanor, punishable by up to 1 year in jail and fines up to $1,000.
Felony assault
Felony assault includes assault with a weapon or assault with intent to cause great bodily harm or death. Under Section 750.82, you can face a felony charge if you commit an assault and battery with a dangerous weapon without intending to cause great bodily harm or death. You face up to four years imprisonment and fines up to $2,000.
Under 750.83, assault with intent to commit murder is a felony punishable by life in prison. The judge can sentence you to any term of imprisonment.
If you assault someone with the intent to cause great bodily harm or assault someone by strangulation, you face a felony based on Section 750.84. You can be sentenced to up to 10 years in prison and fines reaching $5,000.
Assault with Intent To Maim
Under Section 750.86, you face a felony punishable by up to 10 years imprisonment and $5,000 in fines if you assault someone with the intent to maim or disfigure their body.
Assault & Battery While Committing A Felony
Under Section 750.86, you face a felony punishable by up to 10 years imprisonment and $5,000 in fines if you assault someone with the intent to maim or disfigure their body.
If you committed assault and battery during a kidnapping, burglary or another felony, you can face up to 10 years in prison and fines up to $5,000 based on Section 750.87.
Under Section 750.88, if you commit an assault while intending to rob and steal from a stranger without a weapon, you can be imprisoned for up to 15 years.
Assault & Battery Defense
Self-defense is a common defense, but it is complicated & you will need a skilled defense. You have to establish several elements. You have to show you reasonably believed the other person was about to attack or hurt you. You must also show you reasonably thought you needed to fight back. You can’t have used any more force than was necessary to protect yourself from harm.
If you’re ready to fight assault and battery charges, then contact The Law Offices of Mais & Sible, Attorneys at Law today for a consultation.