ASSAULT VS BATTERY IN MICHIGAN

by Van Den Heuvel Law Office

In Michigan, an assault and battery offense is categorized as a misdemeanor, which can result in up to 93 days in jail along with $500 in fines. Those convicted may also need to report to a probation officer for months following the incident. A five-second scuffle can leave the defendant fighting against criminal charges that put their future at risk. Understanding the difference between assault and battery is key to securing a favorable outcome. Call our criminal defense attorneys at Van Den Heuvel Law to explore possible solutions. 

What Is the Difference Between Assault and Battery in Michigan?

In Michigan, assault is defined as an attempt to physically injure another person. For instance, if someone attempts to hurt someone using an object, it would be considered an assault. Assault also includes any intentional action or threat of an action, such as taunting with a weapon or raising a fist. 

Battery, however, is an intentional act of violence or force against someone. Punching someone or hitting them with an object is deemed battery. “Assault and battery” are usually categorized together since they typically occur together. Under the law, battery is a completed violent process. Without a weapon, assault and battery might be considered a misdemeanor, while cases involving weapons involve more severe consequences. 

Can Someone Be Charged for Both Assault and Battery?

An individual can be charged with either an assault or with assault and battery in Michigan. Assault includes a threat of violence, and battery indicates the act was completed. Therefore, penal code considers these two to happen hand-in-hand if someone is physically harmed. “Assault and battery” charges are often simply called “battery” as a result. You won’t face separate charges for both assault and battery. 

Are Michigan Assault and Battery Charges Considered Felonies?

Generally, assault and battery are misdemeanors in Michigan. However, they may be charged as felonies in certain cases and therefore lead to harsher punishments. These situations include: 

• Assaults involving a deadly weapon, such as a knife or a gun
• Intentions to murder or cause severe bodily injury
• Intentions to commit another felony
• Defendant has a history of domestic assault or assault and battery convictions
• The crime targeted a pregnant woman, law enforcement, emergency medical workers and other protected classes

Reasons to Hire An Attorney If You Were Accused of Assault and Battery

Just like how the terms assault and battery are often misunderstood, these charges usually happen due to complicated situations involving “he-said-she-said” claims. For instance, something as simple as self-defense can result in assault and battery charges, as well as inaccurate witness testimonies. No matter what your exact situation is, an attorney is a major source of guidance and clarity when you need it the most. Van Den Heuvel Law offers the support you need. 

Call our firm today to schedule an initial consultation with a criminal defense lawyer. We are ready to help you learn how you can protect your rights when facing assault and battery charges. 

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