Criminal Law FAQs – Assault and Battery

According to Michigan State Law, Assault and Battery are distinct but often related offenses. There isn’t one single statute that explicitly defines both terms together. Instead, their definitions have evolved through Michigan case law and are addressed within various sections of the Michigan Compiled Laws (MCL), particularly MCL 750.81 and related statutes.

Here’s a breakdown based on Michigan law:

• Assault: An assault is generally defined as an intentional act that places another person in reasonable apprehension of an immediate battery. It’s the threat or attempt to commit a battery. Key elements of assault include:

  • An intentional act: The act must be done purposefully, not accidentally.
  • Reasonable apprehension: The victim must genuinely and reasonably believe that a battery is imminent.
  • Immediate battery: The threatened harm must be perceived as something that could happen right now.

• Battery: A battery is defined as the intentional, unwanted, and offensive touching of another person. Key elements of battery include:

  • Intentional act: The touching must be done purposefully, not accidentally.
  • Unwanted or offensive contact: The touching must be either harmful or considered offensive by a reasonable person. Consent negates battery.
  • Touching: There must be some physical contact with the victim’s person or something closely connected to it (like clothing they are wearing or something they are holding).

FAQ 1: What is the difference between assault and battery under Michigan law?

The key difference is that assault involves the threat or attempt to harm someone, creating a reasonable fear of immediate harm, without physical contact. Battery, on the other hand, involves the actual physical contact that is intentional, unwanted, and offensive. You can have an assault without a battery (e.g., swinging a fist and missing), and a battery is often preceded by an assault (the threat leading to the touching), though not always (e.g., an unexpected shove from behind). While no single MCL defines both, case law and statutes like MCL 750.81 et seq. address these distinct crimes.

FAQ 2: What are the potential penalties for assault or battery in Michigan?

The potential penalties for assault or battery in Michigan vary depending on the specific circumstances and the severity of the offense. Some common charges and their potential penalties include:

• Simple Assault (MCL 750.81): A misdemeanor punishable by up to 93 days in jail and/or a fine of not more than $500.
• Simple Battery (MCL 750.81): Also a misdemeanor punishable by up to 93 days in jail and/or a fine of not more than $500. Often charged together with simple assault under the same statute.
• Aggravated Assault or Aggravated Battery (MCL 750.81a): This is a misdemeanor punishable by up to 1 year in jail and/or a fine of not more than $1,000. Aggravated assault or battery typically involves serious or aggravated injury to the victim or an assault on certain protected individuals (e.g., police officers, emergency medical personnel).
• Felonious Assault (MCL 750.82): This is a felony punishable by up to 4 years in prison and/or a fine of not more than $2,000. Felonious assault involves an assault with a dangerous weapon (even if no injury occurs).

It’s important to note that these are general penalties, and sentencing can be influenced by factors such as prior criminal history, the extent of any injuries, and other aggravating or mitigating circumstances.

FAQ 3: Can I be charged with assault even if I didn’t physically touch someone?

Yes, under Michigan law, you can absolutely be charged with assault even if you did not physically touch the alleged victim. As defined earlier, assault is the act of intentionally placing someone in reasonable apprehension of an immediate battery. Actions such as making threatening gestures, verbally threatening immediate harm while having the apparent ability to carry it out, or even brandishing a weapon in a threatening manner can constitute assault without any physical contact occurring.

FAQ 4: What are some common defenses to assault and battery charges?

Several defenses may be raised in response to assault and battery charges in Michigan, depending on the specific facts of the case. Some common defenses include:

• Self-defense: If you reasonably believed you were in imminent danger of unlawful bodily harm and used only the amount of force necessary to protect yourself.
• Defense of others: Similar to self-defense, this applies if you reasonably believed another person was in imminent danger and used necessary force to protect them.
• Consent: If the alleged victim consented to the physical contact (this is more relevant in certain contexts like sports or horseplay, but consent must be freely and knowingly given).
• Lack of intent: For both assault and battery, the act must generally be intentional. If the act was accidental, it might negate the charge (though negligence could potentially lead to other charges).
• Mistaken identity: If you were not the person who committed the assault or battery.
• Provocation: While provocation generally isn’t a complete defense, it might be used to argue for a lesser charge or a more lenient sentence.

It’s crucial to understand that the success of any defense depends heavily on the specific details and evidence presented in the case.

FAQ 5: What should I do if I’ve been accused of assault in Michigan?

If you have been accused of assault in Michigan, it is crucial to take the situation very seriously. Here are the immediate steps you should take:

1. Do not talk to the police or investigators without an attorney present. Anything you say can be used against you. Politely decline to answer any questions until you have spoken with legal counsel.
2. Contact a qualified Michigan criminal defense attorney immediately. An attorney can advise you of your rights, explain the charges against you, investigate the allegations, and help you build a strong defense.
3. Do not attempt to contact the alleged victim or any potential witnesses. This could be misconstrued as harassment or witness tampering and could lead to additional charges or complications.
4. Gather any information you have about the incident. This might include dates, times, locations, names of witnesses, and any photographs or videos that might be relevant. Share this information with your attorney.
5. Follow your attorney’s advice. They will guide you through the legal process and help you make informed decisions about your case.

Facing any Assault and Battery charges in Michigan?

Facing an assault and battery charge in Michigan can have serious consequences affecting your driving privileges, finances, and even your freedom. It’s crucial to understand your rights and explore all available legal options.

Contacting an experienced criminal defense attorney as soon as possible is essential. At Komorn Law, our attorneys have a deep understanding of Michigan’s laws and can provide you with a strong defense to protect your rights and future. Call 248-357-2550

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (248) 858-0344
• Address: 1200 N Telegraph Rd, Department 404, Pontiac, MI 48341-0404
• Website: Oakland County 6th Judicial Circuit Court

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (586) 469-5150
• Address: 40 N. Main Street, Mt. Clemens, MI 48043
• Website: Macomb County 16th Judicial Circuit Court

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

• Telephone Number (Civil/Family): (313) 224-5510
• Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
• Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
• Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
• Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (616) 632-5220
• Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
• Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

• Telephone Number: (231) 922-4701
• Address: 328 Washington Street, Suite 300, Traverse City, MI 49684
• Website: Traverse City 13h Circuit Court

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

• Telephone Number: (734) 240-7020
• Address: 106 E First Street, Monroe, MI 48161
• Website: Monroe County 38th Circuit Court