Assault and Battery

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iStock 000022490020Medium1 300x300 Assault and BatteryWhat is Assault and Battery?

The terms Assault and battery are often used interchangeably, however they are actually two different criminal offenses.  Assault is the attempt or threat of bodily injury or violence to another person, while Battery is the actual act of violence, i.e. the striking, hitting, or touching of another person.  If convicted of one of these offenses, it will create a criminal record, which you must disclose to potential employers, state licensing boards, and of which could carry licensing sanctions.

Under Michigan Law, the criminal offense of Assault and Battery is a misdemeanor punishable by up to 93 days in jail and a $500 fine.  There are some circumstances where this potential punishment can be increased, such as when a deadly weapon is used.  If you have prior assault convictions, the prosecution can also, and will likely request that your sentence be enhanced, i.e. that the judge consider your prior convictions and give you a harsher sentence because of them.

If you have been arrested or charged with any assault crime, you need to retain experienced counsel to aid in the defense of this charge. We know the law and can help you understand your rights and develop defenses to charges levied against you. Looking for an Assault and Battery Defense Lawyer? To retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

What does the Michigan law state, MCL 750.81 Assault and Battery; penalties;

(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, may be 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.

Remember, judges have a tremendous amount of discretion when imposing your punishment. Without us, or another competent attorney, you may say or do the wrong thing, increasing your punishment. For this reason, looking for an attorney who practices in the county where you were violated is particularly helpful. That said, we regularly practice in the counties of Oakland, Macomb, Wayne, and Lapeer, Livingston, Washtenaw, Genesee, and St. Clair. For more information about Assault Crimes, or to retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

What is the difference between assault and felonious assault?

A felonious assault is an assault with a dangerous weapon without intent to inflict bodily harm.  The term “dangerous weapon” is very board and could be almost anything; examples include a gun, revolver, pistol, knife, iron bar, club, brass knuckles.  As the charge implies, it is a felony, punishable by up to four years in prison and a fine of up to $2,000.00 or both.

Why hire us?

One of the greatest advantages of hiring our firm is the connections we bring to the process.  Typically we know the prosecutor and the judge, allowing us to anticipate the judge’s reactions, understand how the prosecutor will want to proceed, and to negotiate the best deal for our clients in efforts of removing as much uncertainty from the process as possible.  For this reason, looking for an attorney who practices in the county where you were violated is particularly helpful. That said we regularly practice in the counties of Oakland, Macomb, Wayne, and Lapeer, Livingston, Washtenaw, Genesee, and St. Clair.

Looking for an Assault and Battery Defense Lawyer? Let us help you navigate the Court system’s rough waters, and keep you out of jail.  For more information about Assault, Battery, and other criminal Misdemeanors, and/or to retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

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