The words assault and battery are often used interchangeably, but they describe two different things in the Michigan penal code. While prosecutors take both charges seriously and either can result in jail time and expensive fees, understanding the difference is important.
What Is the Definition of Assault & Battery?
In Michigan, assault is solely an attempt to cause physical injury to another person. For example, if a person attempts to hit another person with an object, it would be considered assault. Assault will also fall under any intentional unlawful act or threat of an action, including raising a fist or waving a weapon.
In Michigan, battery is the intentional infliction of violence or force against another person. For example, if a person punches or hits another person with an object, it is considered battery. Michigan often categorizes “assault and battery” together because they go hand-in-hand. The law views the battery as the completion of a violent process. Assault and battery without a weapon may be charged as a misdemeanor. Assault and battery with a weapon will result in heftier consequences.
What Are the Penalties for Assault & Battery?
A person convicted of assault, or assault and battery can face serious penalties, including up to 93 days in jail, a fine of up to $500, up to two years of probation, and restitution. However, a person convicted of aggravated assault and battery faces up to one year in jail and a fine of up to $1,000. Since the penalties for assault and battery can be detrimental, it is vital to have an experienced attorney on your side.
Assault & Battery FAQs
Can I Be Charged for Both Assault & Battery in Michigan?
In Michigan, you can either be charged with assault or assault and battery. Because assault is the threat of physical harm and battery is the completion of that threat, the penal code considers them to go hand-in-hand if physical harm actually occurs. The charge of “assault and battery” is frequently referred to simply as “battery.” You will not face separate charges for assault and battery.
Are Assault & Battery Felonies in Michigan?
Assault and battery are considered misdemeanors in Michigan. There are, however, circumstances where the charges become felonies or have steeper punishments.
Charges will be considered felonies or come with stronger penalties when:
The assault involved a dangerous weapon, such as a gun or knife—also known as felonious assault.
The assaulter had the intent to murder or cause great bodily harm.
The assaulted had the intent to commit another felony.
The accused has multiple convictions for domestic assault or assault and battery.
The crime was committed against someone in a protected class: pregnant women, police officers, public utility workers, emergency medical personnel, and others.
Why Do I Need an Attorney If I Face Assault & Battery Charges in Michigan?
Just as there is often a misunderstanding surrounding the terms assault and battery, these charges are typically the result of complex situations where one person’s word is being pitted against another’s. In my experience as a Farmington Hills criminal defense attorney, I’ve seen how something as simple as self-defense can lead to an assault and battery charge. I’ve seen how false witness testimonies can implicate innocent people. And I’ve seen how the right defense can lead to reduced or dropped charges.
Call (248) 599-0054 for Your Free Consultation
If you have assault and battery charges, you need a skilled and experienced attorney on your side. I represent clients throughout Farmington Hills and surrounding areas and help to get their assault and battery charges reduced or even dismissed. For nearly two decades, I’ve obtained the best possible results for my clients. I am ready to help you get the desired results for your case.
We are available 24/7! Contact my firm today for a free consultation at (248) 599-0054!