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Assault and Battery Attorneys in Michigan
What is an Assault and Battery?
Assault and battery in Michigan is a serious crime that is punishable by up to 93 days in jail or by the imposition of a fine of not more than $500.00, or by a combination of the two, according to MCL 750.81. The punishment may be increased under particular situations.
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Assault
Although the two terms are used interchangeably, they both carry different meanings and represent different criminal actions. An assault is commonly defined as an intentional act that causes an apprehension or fear of imminent harmful, offensive, or unwanted contact by the defendant. The defendant must have had the intent to assault the victim at the time the offense was committed. A defendant that has made no physical contact with a victim may be charged with assault if the victim was in fear of imminent harm.
Battery
A battery is commonly defined as an intentional physical contact with a person without his or her consent that results in bodily harm or is considered offensive to a reasonable person. Any unwelcomed touching of the victim could be considered a battery even if the victim was not physically harmed.
Assault and Battery in Michigan, MCL 750.81
The following is the Michigan statute covering assault and battery:
750.81 Assault and battery; penalties;
Sec. 81.
(1) Except as otherwise provided in this section, a person who assaults or assaults and batters an individual, if no other punishment is prescribed by law, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
(2) Except as provided in subsection (3) or (4), an individual who assaults or assaults and batters his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
(3) An individual who commits an assault or an assault and battery in violation of subsection (2), and who has previously been convicted of assaulting or assaulting and battering his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household, under any of the following, maybe punished by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both:
(a) This section or an ordinance of a political subdivision of this state substantially corresponding to this section.
(b) Section 81a, 82, 83, 84, or 86.
(c) A law of another state or an ordinance of a political subdivision of another state substantially corresponding to this section or section 81a, 82, 83, 84, or 86.
(4) An individual who commits an assault or an assault and battery in violation of subsection (2), and who has 2 or more previous convictions for assaulting or assaulting and battering his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household, under any of the following, is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,500.00, or both:
(a) This section or an ordinance of a political subdivision of this state substantially corresponding to this section.
(b) Section 81a, 82, 83, 84, or 86.
(c) A law of another state or an ordinance of a political subdivision of another state substantially corresponding to this section or section 81a, 82, 83, 84, or 86.
(5) This section does not apply to an individual using necessary reasonable physical force in compliance with section 1312 of the revised school code, 1976 PA 451, MCL 380.1312.
(6) As used in this section, “dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.
Speak with an Attorney to Discuss your Assault and Battery Charge in Michigan
If you have been arrested or charged with committing an assault and battery and would like to learn more about your options, we would be glad to meet with you. We will go over your options and answer any questions you may have during our initial call.
Give us a call at 248-825-8042 or contact us online.