Understanding Michigan Assault and Battery Laws: A Guide

Understanding Michigan Assault and Battery Laws: A Guide

Assault and battery charges in Michigan can have serious consequences. At Simon Criminal Defense, we've been defending clients against these charges for well over 35 years. This guide will explain the key parts of Michigan's assault and battery laws to help you understand your rights, legal options, and why experienced legal help is important to defend these cases.

Key Takeaways:

• You don’t have to actually touch someone to be charged with Assault.
• Michigan's assault charges range from misdemeanor to very serious felonies.
• Domestic Assault punishments increase for repeat offenses.
• Aggravating circumstances such as use of weapons, resultant victim injuries, and prior convictions can increase severity of charges.
• Assault convictions can affect long-term job, housing, and professional prospects.
• Retaining an experienced attorney lawyer right away is important.

1. Assault and Battery in Michigan

In Michigan, “assault” and “battery” have separate definitions. “Assault” is an intentional act that causes another person to reasonably fear or apprehend immediate harm or contact. You do not have to actually touch the other person to commit an assault. “Battery” is the actual touching of another that is harmful or offense and without the other person's consent. Either an assault or battery can lead to criminal charges. 

Learn more about how we defend against assault charges in Ypsilanti, Knowing the law is first step to building a strong defense.

2. Types of Assault Charges

Understanding Michigan's ladder of assault charges is the first step in determining how to defend against them:

• Simple Assault is the least serious, or bottom rung of the ladder. It generally stems from small fights without serious injuries. If convicted, a person faces up to 93 days in jail, up to two years of probation, and up to a $500 fine plus court costs.
• Aggravated Assault is a more serious misdemeanor offense. It can be charged when an assault and battery results in a serious injury requiring immediate medical treatment, but no weapon was used. If convicted, a person faces up to 1 year in jail, up to two years of probation, and up to a $1,000 fine plus court costs.
• Felonious Assault, also called assault with a dangerous weapon, as the name implies, is a felony. This crime can be charged where a dangerous weapon is used or an ordinary article is used as a dangerous weapon, regardless of injuries to the victim. Maximum penalties include prison for up to 4 years and/or a $2,000 fine plus court costs and probation for up to 5 years.
• Assault with Intent to Cause Great Bodily Harm or by Strangulation is a serious felony alleging that the defendant intended to cause physical injury that could seriously harm the health or function of a victim’s body, but did not intend to kill the victim. This statute is also used to prosecute assaults involving strangulation, which is broadly defined and can encompass virtually any obstruction of breathing. prison for up to 10 years, fines up to $5,000 plus court costs, and probation up to 5 years.
• Assault with Intent to Murder is the most serious assaultive crime (that does not result in the death of a victim) and is punishable by up to life in prison.

Each of these charges may involve a defense plan and require experienced legal assistance. Explore our Saline assault charges defense services to see how we handle cases individually to each court and protect our clients' rights and futures.

3. Domestic Violence

The crime of Domestic Violence or Domestic Assault in Michigan involves committing an assault or an assault and battery against a family member, partner, or someone you live with. These cases can be complicated because of the relationships involved, and can affect things like child custody and divorce cases. Domestic Assault can be charged instead of or in addition to the general assault charges listed above. The punishments are more severe for repeat offenders:

• Domestic Assault First Offense: Up to 93 days in jail and a $500 fine. Probation can last up to two years with robust conditions including a substantial amount of educational classes for domestic aggression.  If a first offense results in injury requiring medical treatment, you could be charged with Aggravated Domestic Assault, which is punishable by up to 1 year in jail and/or a $1,000 fine.
• Domestic Assault Second Offense: Up to 1 year in jail and/or a $1,000 fine.
• Domestic Assault Third or Subsequent Offense: A felony with punishment including up to 5 years in prison and/or a $5,000 fine.

Protective orders including prohibition on contact with family members or not returning to one’s home are common in domestic violence cases. Defending against these charges requires an understanding of both criminal law and family situations.

4. Factors Influencing Charge Severity

As discussed above, the extent of injuries, the use of weapons, prior history, and the offender’s relationship to the victim can all influence possible charges. Additionally, assaulting certain people like police officers, emergency responders, medical personnel, older people or children can result in more serious charges and punishment. Prior convictions can also affect both the charges and any possible sentence.

These factors often mix together in complicated ways. Learn how we analyze these factors in Ypsilanti Township assault cases to create defense strategies that address each case's specific challenges.

5. Self-Defense and Other Assault Charge Defenses

There are many defenses to assault charges in Michigan. These include: consent; self-defense, and defense of others.

Self-defense requires that the defendant honestly and reasonably believed that he/she was in danger of being of imminent harm and responded with an amount of force that was necessary to protect themself.

Similarly, a person has a right to use physical force to defend others if the defendant can show that he/she honestly and reasonably believed that someone else was in danger of imminent harm and that the amount of force used was necessary to protect them.

Other valid defenses include: insanity; involuntary intoxication; and mental health issues. These defenses may result in reduction of charges, acquittals, or even dismissals. 

It is important to note that these are just some of the defenses that can be raised against assault charges in Michigan; there may be other options available depending on the specific facts and circumstances of your case. If you have been charged with assault, it is important to speak with an experienced criminal defense attorney to determine which defenses may apply to your situation.

6. Long-Term Consequences of Assault Convictions

Aside from fines and the possibility of incarceration or being put on probation, having an assault conviction on your record can have long-term consequences, including: problems with securing employment and housing, potential deportation for non-citizens, and professional licensing issues. Some assault convictions can result in you losing the right to use or possess a firearm. Additionally, restitution may be required in cases involving property damage or where medical bills result from an assault. All potential penalties should be taken seriously, and every effort should be made to defend or reduce them. An experienced Michigan criminal defense attorney can help ensure that someone accused of assault receives fair treatment and has their rights protected throughout the process.

Discover how we help clients reduce the long-term impacts of assault charges through intelligent defense planning and, when appropriate, negotiating for less serious charges or specific sentences that have fewer long-term effects.

7. The Importance of Immediate Legal Representation

When you're facing assault charges in Michigan, involving a lawyer right away can be important to protect your rights and to start building a strong defense. At Simon Criminal Defense, we stress early intervention so we can assist in your assault case in some of the following ways:

• Protect your rights during police questioning: We can ensure you don't accidentally say something that could hurt your case when talking to the police, if a statement should be rendered at all. Our presence can help prevent common mistakes that can result in damaging admissions.
• Preserve, Investigate and obtain evidence: Important evidence can disappear quickly after an alleged assault. We work fast to collect witness statements, security camera footage, police in-car and body-cam video, audio dispatch recordings, and other time-sensitive evidence that could be crucial for your defense.
• Develop a strong defense strategy: Getting involved early lets us thoroughly analyze your case and develop a defense strategy just for your specific case. This might involve challenging witness credibility, challenging how evidence was collected, or accumulating evidence toward self-defense or another defense claim.
• Negotiation with prosecutors: In many cases, early involvement allows us to talk with prosecutors before formal charges are filed. This can sometimes lead to reduced charges, alternative programs to divert a case away from formally entering the criminal justice system, or even preventing charges, altogether.
• Motions in court: After a case has been fully analyzed, part of the defense may include litigation in court through pretrial motions. Rulings on these motions can sometimes result in the prosecution being unable to continue with a case or the government becoming more amenable to reducing a charge.
• Mitigate Collateral consequences: We think about how assault charges could affect your whole life and work to minimize potential impacts on your job, housing, ability to remain in the country and maintain relationships.
• Preparation: Whether your case goes to trial or is resolved through negotiations, early and thorough preparation is key. We make sure you're fully informed and are prepared for every stage of the legal process.

Conclusion: Navigating Michigan Assault and Battery Laws

Understanding Michigan's assault and battery laws is important when facing such charges, but successful navigation of the legal process requires more than just knowledge—it requires experienced and strategic representation. At Simon Criminal Defense, we bring over 38 years of experience to your case, combined with deep knowledge of the law and a personal approach to each client's unique situation. With Attorney Joe Simon being recognized as a Top Ten Criminal Defense Lawyer in Michigan, our firm offers the specialization and dedication needed to handle complex assault and battery cases.

We know that each case is different, with its own set of facts, challenges, and possible defenses. We thoroughly investigate the facts, analyze the legal issues, and develop a defense strategy just for you to get the best possible outcome. Whether that means fighting charges in court, negotiating for less severe penalties, or looking at other ways to resolve the case, we're committed to protecting your rights and your future.

Don't face assault and/or battery charges alone. The risks are too high, and the system and consequences can be too complicated to handle without experienced help. Contact Simon Criminal Defense today for a full evaluation of your case. We're here to protect your rights, preserve your future, and guide you through this tough time with skill, compassion, and total dedication to your defense.